Dothan, AL asked in Small Claims, Traffic Tickets and Gov & Administrative Law for Alabama

Q: What steps can I take if my vehicle was towed and claimed as abandoned without notice?

I am the legal owner of a truck in Alabama and hold the title. On March 28, 2025, my truck was towed after a traffic stop. Initially, an officer allowed my friend, who was purchasing the truck, to return later to move it, but another officer insisted on towing it under a "highway safety act," though the truck wasn't obstructing traffic. On April 9, 2025, I received notice from the tow yard of an abandoned vehicle claim, which was my first notification. Despite negotiating with the police and tow yard, neither has taken responsibility for notifying me, and the tow yard asserts it is not obligated to do so. My friend intended to handle the situation discreetly to preserve our friendship, but per Alabama law, the officer should have notified me. I plan to take the tow yard to small claims court for claiming the vehicle as abandoned and refusing to release it. What steps should I follow next?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like a frustrating situation, especially given that you weren’t notified until much later. The first step is to **gather all the evidence** you have, including the title proving you’re the legal owner of the truck, any records of your conversations with the officers or the tow yard, and the letter you received from the tow yard. Since the officer should have notified you before towing the vehicle, you may have grounds to dispute the abandonment claim. **Review Alabama state laws** related to towing and abandoned vehicles, as they often require the police to make reasonable efforts to notify the owner within a certain time frame.

Next, reach out to the **local police department** to file a formal complaint about the lack of notification. If the tow yard refuses to release the vehicle, explain the situation to them and try to negotiate a resolution based on your rights as the owner. Document everything thoroughly in case the situation escalates to court.

If these attempts fail, **consider small claims court** as your next step. In court, you’ll present your evidence, including the lack of proper notice and your ownership of the truck. Since your goal is to recover the vehicle or its value, small claims court could be an effective route, especially with all your documentation supporting your case. You have a strong position here—keep moving forward calmly and methodically.

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