QuestionI am a developer in Carmel Indiana. In one of my developments I keep a
1984 C60 dump truck on the property to move material around and haul
trash. The streets are private and the property is private both being owned by
my company. I keep the truck parked off way in the back behind a 3 unit
townhome building that is under construction and is out of anyones view. I
travel a lot and after returning from one of my trips and taking a ride thru the
townhome development I noticed the truck was missing. I called the police to
make a report and they said that they towed it because they got a call from
the owner of the property. They didn't know what to say when I told them that
I was the owner of the property and the owner of the truck and that I
definately didn't call to have my truck towed. They gave me the run around
for several days until the officer that had it towed called me and told me
where it was. He said he got a call from dispatch and was told to tow it. With
no notice to me. The tow yard pretty much said too bad pay me! I have been
asking the city of Carmel to show me how they had the right to go on my
property on my PRIVATE streets and tow my truck without my permission or
at least some sort of communication. City of Carmel gas not responded at all
and the towing company sold my truck without notifying me. Tow company
said he coils do what he wanted with the truck because I didn't pick it up. I
know Indiana law states that he has to send certified letter intent on
mechanics lien before he can sell. He says he did send the letter but it came
back to him unclaimed so service wasn't given or good and I had no idea that
he was intending to sell my truck. We had spoke of an amount of. Around
$630 to get it out previous to him selling and I told him I was waiting to hear
from city. Which I never have. Any help in understanding this would be
greatly appreciated. I'm sure a disgruntled buyer probably called this in to
start this. Is there anything I can do?
AnswerWell this question I have read a few times and I am with you, as someone had to misrepresent themselves to get it towed away...
Not looking to good for either the person who ordered the tow, or the police department if they were duped will try to claim they have protection from lawsuits...
Now as to the tow company and the notifications and such, well that does not sound to good that the letter was returned. But if the truck was registered and the address was correct then something is very fishy. BUT remember that the post office will not forward or hold certified letters for more than about 7 to 10 days.
As to what to do, well I hate to say it, but if the tow company did auction off the truck and followed the law you might not have recourse, but then again if it was initially a fraudulent call there might be something that you can do.
Best advise is to lawyer up on this and see what can be done or what action to take.
