QuestionQUESTION: My girlfriend's car was booted and then towed about a month and a half ago for unpaid parking tickets. The car was towed from Cambridge, MA to the nearby B&B tow lot in Cambridge, MA. The unpaid tickets total around $600, which is what was needed to have to boot removed before. The tow company storage rate has now added up to about another $600, totallying over $1200 to pay off the car debts, which is more than we are able to pay. The tow company now says they are going to take the owner to court, and that the car, if not picked up soon, will be considered abandoned.
The owner of the car, my girlfriend, has very important personal belongings in the car such as family photos and sentimental clothing. I called the tow lot a few weeks after the car was towed, and I was told I could come by and pick up stuff from the car. Unfortunately I didn't get to it, and now when I call they say we have to pay off the car before we can access it. We stopped by in person and got the same response. And I called Cambridge police department to question the legality of the tow company holding the items inside the car, and they said it was up to the towing company.
My question is, what chance, if any, is there of us getting the personal belongings from inside the car if we can't pay off the debts? And would it make a difference if I claimed some of the belongings as my own? Can the owner sign the car over to me, and have me access the car? Would small claims court give us a shot at the valuables?
Any help along these lines would be greatly appreciated.
B
ANSWER: Most states are authorized by law to place a lien on property in a vehicle. The problem is that the vehicle has apparently been in storage for a while. Generally towing companies will release personal property, but that is up to the company and usually if you wait too long they tend to be less cooperative. Small claims would do you no good since the towing company did have the right to impound the vehicle. As for signing the vehicle over to you, that's an option I would suggest you contact an attorney about. As for the towing company taking the owner to court, they probably will just file on the vehicle as abandoned. If the vehicle is not worth the towing fees you may consider offering to provide the towing company with the title in exchange for the property. What type of car is it? and how much do you feel it is worth?
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QUESTION: Thank you for the above response.
The car is at '90 something mazda 626. The car itself is not worth more than a few hundred, and we already offered to sign the title over to the tow lot in exchange for them disposing of the vehicle and giving us access to the property inside. They said they could cut down the price of storage fees to $400, but that they wouldn't "take it off our hands" for free. Would it help to send a 93a consumer complaint demand letter to them? Does our property in the car fall under any consumer protection laws? The owner is desperate to get some of the valuables inside the car!
Thanks,
Ben
AnswerI have searched the entire code of the state of Massachusetts with no results as to the specific status of personal property in a vehicle that was towed. Had it not been towed for a legal reason you would have a very good recourse if they did not notify the Chief of police in writing prior to impounding the vehicle. I would follow up with a complaint to the company, the BBB and contact law enforcement. See if you can determine how long they are going to have to hold the vehicle before they auction it and let me know. Also you need to know (without asking them) if they have sent the mandatory letters required on abandoned vehicles.
