QuestionCity: Tehachapi, State: California, Kern County has ordinance No. G-7276 but it may only apply to government removals?
Home was forclosed on. Property manager allowed for later pick up of vehicle. When arriving to pick-up vehicle, found it had been removed by the yard cleaning contractor who was not in contact with the real estate agent.
Jaguar XJ8 currently registered and operable had sign in front window stating the owner's name, telephone # and that he was coming back to pick-up the vehicle. Yard guy had contract from out of State mortgage company authorizing him for debris removal from the bank owned property. Yard guy 1st called Auto Club asking for a vehicle tow from the bank owned property to his home in Palmate, 68 miles away. The local tow company arrived and refused to tow the vehicle as Yard guy had no keys or authorization paperwork.
Yard Guy then called a Lancaster Ca. Tow Company, who came out and towed the vehicle to Yard Guy's home with acreage. Yard Guy is a licensed landscape contractor.
No report was made to the local Police, so they investigated it as a vehicle theft.
We found the vehicle by asking the neighbors if they saw anything and they described the tow company's distinctive yellow stripped trucks and the tow driver stated he had no paperwork and told us where he delivered the vehicle to. The police came out, stated it was a civil matter and left the vehicle with yard guy.
We were forced to pay $640.00 for the tow and $240.00 for storage to Yard guy. We asked for an itemized tow receipt and he refused to give one, refused to take anything but cash, but gave a general receipt for the money that listed towing and storage.
He stated he was going to lien sale the vehicle and he does this to 3-4 cars per week. He also stated that he uses Auto club to tow these vehicles regularly. He also stated that he did try to call us at the number, but it went to voice mail and he didn't feel like leaving the message.
Can we take any action against the tow company?
Sherriffs Dept legality of storage hearing under VC section 22852 for leaving the vehicle in storage with Yard Dude?
Yard Dude?
Answerwow this sounds like a can of worms here.
I really do not know what to say other than take it to court and see what the judge rules.
It sounds like the yard person is doing some rather "GRAY AREA" towing and if they are involving AAA in it, it gets real bad.
Grand theft auto? well not sure you can get that, as following the law, VC22658 will give you guidelines on what was legal and not. No authorization means that he might be liable for 3 times the amount you paid.
And towed 68 miles away, that does not sound right or legal. Specially if the property is not zoned for storing vehicles or commercial use.
I really have no good answers here and since were foreclosed on there are legal papers and guidelines which need to be followed. Sounds like some of them were not followed. Talk to the bank - lender again and see what they say about the yard guy and his job and duties and allowed practices as if they are giving him permission to have vehicles removed and its is done illegally then they are also liable.
Talk to California DMV and see what they say about this and they do enforce the rules and fine people over it.
And I hope you have a lawyer involved in this giving you advice on your rights in the foreclosure as that would help a lot for legal rights and standings. That is an area were I am not familiar with the rules and laws and I am shooting from the hip here.
And it is really a civil matter with some legal areas involved here.
