Retrieving Stolen Car from Tow Yard

[deckscrew]

What is the name of your state (only U.S. law)? California

As I was driving through Oakland on I-580 I stopped to get gas and was car jacked at gunpoint. I let the thieves have the car.

The station attendant was able to call police and the car was soon retrieved a few blocks away. When I went to get the car the police said they could not release it until their "technicians" went through the car, and they would call me when they were finished. A few days later they called and said it was ready to be picked up and gave me a number to call to arrange pick up.

When I called the number it was a tow yard and I was told I would have to pay $350 to have the car released. I also received a letter demanding payment or they would take the matter to collections. The car is an old car a probably worth under $1,000, but it starts and gets me to work and school. Furthermore I don't have $350 to bail out the car.

A friend suggested small claims court to get the car back. Would this be the right avenue? If so, whom should I file the complaint against? Any help is greatly appreciated.What is the name of your state (only U.S. law)?

 

[Antigone*]

What is the name of your state (only U.S. law)? California

As I was driving through Oakland on I-580 I stopped to get gas and was car jacked at gunpoint. I let the thieves have the car.

The station attendant was able to call police and the car was soon retrieved a few blocks away. When I went to get the car the police said they could not release it until their "technicians" went through the car, and they would call me when they were finished. A few days later they called and said it was ready to be picked up and gave me a number to call to arrange pick up.

When I called the number it was a tow yard and I was told I would have to pay $350 to have the car released. I also received a letter demanding payment or they would take the matter to collections. The car is an old car a probably worth under $1,000, but it starts and gets me to work and school. Furthermore I don't have $350 to bail out the car.

A friend suggested small claims court to get the car back. Would this be the right avenue? If so, whom should I file the complaint against? Any help is greatly appreciated.What is the name of your state (only U.S. law)?

You friend was wrong. Small claims is not going to work. I do not believe CA small claims is set up to award damages, not replevin. Borrowing the money and paying to get your car released is what you need to do.

 

[Mass_Shyster]

The person liable to you for the charges is the carjacker.

If you want your car back, you have to pay the tow yard for the services they provided.

 

[deckscrew]

Its was the Oakland Police who would not release the car from the "scene of the crime". If they had I would have immediately driven it home. The tow yard provided the police the service.

Its not worth it for me to pay $350 (probably more now since the car has been in the tow yard for over a week). I can't pay whatever the amount now is, and will probably forfeit the car. But why should I be taken to collections? This all seems unfair.

I guess I just lost my car.

 

[Antigone*]

Its was the Oakland Police who would not release the car from the "scene of the crime". If they had I would have immediately driven it home. The tow yard provided the police the service.

Its not worth it for me to pay $350 (probably more now since the car has been in the tow yard for over a week). I can't pay whatever the amount now is, and will probably forfeit the car. But why should I be taken to collections? This all seems unfair.

I guess I just lost my car.

Sorry I understand your pain.

 

[Zigner]

But why should I be taken to collections?

Because you haven't paid their (valid) bill.

Ask the police if there is some sort of victims compensation fund set up in your community...

 

[justalayman]

I agree with the poster on this one. He was willing to take the car at the time it was found. The tow was for the benefit of the police, not the OP. OP should not be charged.

 

[Mass_Shyster]

I guess I just lost my car.

Your car was taken from you at gunpoint. That's the part that's unfair.

The police must investigate an armed robbery.

The tow yard was called by the police to store your car. The police can't simply leave it unattended, nor can they provide an officer to guard the car while you come pick it up.

Yeah - it stinks - but try to remember where the blame lies.

 

[whatnow22]

Your car was taken from you at gunpoint. That's the part that's unfair.

The police must investigate an armed robbery.

The tow yard was called by the police to store your car. The police can't simply leave it unattended, nor can they provide an officer to guard the car while you come pick it up.

Yeah - it stinks - but try to remember where the blame lies.

except the police wouldn't have had to leave it unattended. he was on scene when the car was recovered.

he could have left in the car before the police left the scene.

 

[Zigner]

except the police wouldn't have had to leave it unattended. he was on scene when the car was recovered.

he could have left in the car before the police left the scene.

But the OP didn't. The OP left the scene and left the vehicle with the police.

 

[LdiJ]

But the OP didn't. The OP left the scene and left the vehicle with the police.

However, that wasn't the OP's voluntary choice.

I think that the OP should talk to the police. Its possible that he shouldn't be charged by the tow yard.

 

[deckscrew]

When the police recovered the car I was nearby and wanted to take the car. The police would not let me have the car. The told me to find a ride (after 11:00 PM) and they would call me when the car was ready to be picked up. They called me three days later and gave me the number to the tow yard. I called then and found out about the $350 charge (probably more now).

Losing the car sucks, but I only paid $800 for it, and it ran for more than a year. What really upsets me is the threat of collections.