QuestionQUESTION: My car was towed and I do not have the money to pay the storage fees. I have no problem with the tow company keeping the car, but I have asked to retrieve my possessions and they have said I can not do it unless I pay $200 and bring the title to the car. Is this legal? Could you provide some type of legal citation for me to show this company so they will let me have my stuff (birth certificate was in there, legal papers, identification)
ANSWER: i would love to provide a "LEGAL" answer for you, but there are a few issues which affect the answer...
First off, you did not mention what city or state you are in and that affects the answer as each state has different laws regarding personal property in vehicles...
Second, depending on the reason for the vehicle being towed, then there might be a hold on the vehicle or something like that..
Third, lets say you are driving a 1974 pinto and you have wrecked it, and you want to remove your 500 dollar speakers and the 3000 stereo, leaving the tow company the 45.00 junk car...
AAAHHHH tow companies are private businesses and as such do not receive tax payer money to operate, and in many cases they have to pay the law enforcement who ordered the vehicle towed, a fee for being allowed to receive the call to tow the vehicle.
That is why they are asking for the 200 plus the title to the vehicle. It sounds like the vehicle is not really worth much and since they have already paid out fees, wages, paid for fuel and such, they are trying to recover part of the money and that is what the 200 is for.
Now in most states, you are able to get legal papers, Identification, house or work keys, bank cards and such, which is spelled out in state lien paperwork or the contracts with the law enforcement agency which ordered the call.
Sorry that I could not provide specific answers, but the laws in California are different than Wyoming or Ohio and my crystal ball is clouded due to the oil spill in the gulf...
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QUESTION: Thanks so much for your response . . . I am so sorry, I knew I had to provide my State, must have had a moment. We are in New Jersey, and the tow company specifically is in Delran. We do not want anything expensive from the car, we just want clothes and paperwork. There is no type of hold on the car, we could pay the storage/fees and take it all if we wanted, just don't have the money. Where could I get a copy of the state lien paperwork or contract? Any suggestions as to how I could get these people to work with me?
AnswerOk New Jersey has been trying to update all the rules regarding towing and some of the linked stuff below might not be correct or current. I am sorry but its been real hard to keep up on all the changes everywhere.
This link will help you a bit with some of the information and you might find what you are looking for in here, BUT do check to see if it has been deleted, changed or updated
http://www.gsta.org/legal.htm
