QuestionMy car broke down and I towed it to local dealership in Virginia. They were unable to immediately service the car - I waited 3 weeks and was finally contacted that repairs were $7,000. I paid $7K for the car so I was very unhappy! A week later I lost my job but continued to make payments on my car note.
The service department was privy to this info and said that I could leave the car and once I got back on my feet they could try to work out a deal with me. I secured employment a few months later while continuing to contact the dealer on a monthly basis. I went to the dealer to work out an arrangement only to find that my car was no longer on the lot. In fact no one knew where it was. I rec'd a call that the car was towed with NO notification. I am in their system as well as the tags are on the car so they made NO attempt to contact me.
The tow company rec'd the car on NOV 3. I rec'd a certified letter on Jan 30 stating that I owe over $1600 in storage/tow fees and that if I did not pay they would sell the car. I contacted the dealer and they said they would try to work out an arrangement w/ storage facility. I was told if I pay 50% in the next 2 weeks I could get the car if not they had already contacted DMV to get a lein. Is this legal since I was not notified in specific time frame by tow company (15 days) and I was never notified by dealer!
What should I do?
AnswerHere is the Virginia Staute, I'll let you determine if the dealer, tow company or yourself was in any violation. I am not trying to be vague but could very well put myself into litagation. I am not a attorney and can not give any legal advice. If you want a opinion, I do see some problems if eveything was as described. If you feel there is a problem with the procedure or process then contact a attorney. READ everything very carefully and good luck. Here is a link for the VA code http://law.justia.com/virginia/codes/toc4602000/toc46020000012000000000000.html and review the mechanics and storage lien process.
46.2-1204. Vehicles abandoned in garages.
Notwithstanding § 46.2-1200, any motor vehicle, trailer, semitrailer, or part thereof shall be considered abandoned and may be reported by the garagekeeper to the political subdivision if it has been left in a garage for more than ten days or for more than ten days beyond the period the vehicle was to remain on the premises pursuant to a contract, after notice by registered or certified mail, return receipt requested, to the owner of record and all persons having security interests of record therein, to reclaim the vehicle within fifteen days of the notice. Any abandoned motor vehicle left in a garage may be taken into custody by the locality in accordance with § 46.2-1201 and shall be subject to the notice and sale provisions contained in §§ 46.2-1202 and 46.2-1203. If, however, the vehicle is reclaimed in accordance with § 46.2-1202, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reasonable charges of the garagekeeper, unless otherwise provided by contract or ordinance. If the vehicle is sold pursuant to § 46.2-1203, any garagekeeper's charges shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs incurred pursuant to § 46.2-1202. Except as otherwise provided in this article, nothing in this section shall restrict any rights conferred on any person under §§ 43-32 through 43-36.
For the purposes of this section, "garage" means any commercial parking place, motor vehicle storage facility, or establishment for the servicing, repair, maintenance, or sale of motor vehicles whether or not the vehicle had been brought to that location with the consent of the owner or person in control of the premises and "garagekeeper" means the operator of a garage.
§ 46.2-1218. Reports by persons in charge of garages, parking places, etc.; unclaimed vehicles.
The person in charge of any garage, repair shop, or automotive service, storage, or parking place shall report on forms furnished by the Superintendent of State Police, to the nearest police station or to the State Police any motor vehicle left unclaimed in his place of business for more than two weeks when he does not know the name of the owner and the reason for the storage.
§ 46.2-1202. Notice to owner of vehicle taken into custody.
Any locality or its authorized agent that takes an abandoned motor vehicle into custody shall, within fifteen days, by registered or certified mail, return receipt requested, notify the owner of record of the motor vehicle and all persons having security interests in the vehicle of record, that it has been taken into custody. The notice shall (i) state the year, make, model, and serial number of the abandoned motor vehicle; (ii) set forth the location of the facility where it is being held; and (iii) inform the owner and any persons having security interests of their right to reclaim it within fifteen days after the date of the notice after payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody. The notice shall state that the failure of the owner or persons having security interests to reclaim the vehicle within the time provided shall constitute (i) a waiver by the owner and all persons having any security interests of all right, title, and interest in the vehicle and (ii) consent to the sale of the abandoned motor vehicle at a public auction.
If records of the Department contain no address for the owner or no address of any person shown by the Department's records to have a security interest, or if the identity and addresses of the owner and all persons having security interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area where the motor vehicle was abandoned shall be sufficient to meet all requirements of notice pursuant to this article as to any person who cannot be notified pursuant to the foregoing provisions of this section. Notice by publication may contain multiple listings of abandoned motor vehicles. Any notice of this kind shall be within the time requirements prescribed by this section for notice by mail and shall have the same contents required for a notice by mail.
The consequences of failure to reclaim an abandoned motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section.
§ 46.2-1203. Sale of vehicle at public auction; disposition of proceeds.
If an abandoned motor vehicle is not reclaimed as provided for in § 46.2-1202, the locality or its authorized agent shall, notwithstanding the provisions of § 46.2-617, sell it at public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free of all liens and claims of ownership of others, shall receive a sales receipt at the auction, and shall be entitled to apply to and receive from the Department a certificate of title and registration card for the vehicle. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in that case no further titling of the vehicle shall be necessary; however, such demolisher shall provide the Department acceptable documentation indicating that the vehicle has been demolished. From the proceeds of the sale of an abandoned motor vehicle the locality or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to § 46.2-1202. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests in the vehicle, as their interests may appear, for 90 days, and then be deposited into the treasury of the locality in which the abandoned motor vehicle was abandoned
§ 43-32. Lien of keeper of livery stable, garage, marina, etc.
A. Every keeper of a livery stable, hangar, tie-down, marina, or garage, and every person pasturing or keeping any horses or other animals, vehicles, boats, aircraft, or harness, shall have a lien upon such horses and other animals, vehicles, boats, aircraft, and harness, for the amount which may be due him for the towing, storage, recovery, keeping, supporting, and care thereof, until such amount is paid.
B. In the case of any boat, aircraft, or vehicle subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the marina, hangar, tie-down, or garage shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 43-33 not to exceed $800. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Motor Vehicles or the Department of Game and Inland Fisheries by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Motor Vehicles or the Department of Game and Inland Fisheries within seven business days of taking possession of the boat, aircraft or vehicle. If the secured party does not, within seven business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full amount of storage charges, not to exceed $500. Notwithstanding a redelivery, the vehicle or watercraft shall be subject to subsection D.
C. In addition, any person furnishing services involving the towing and recovery of a boat, aircraft or vehicle, shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the boat, aircraft or vehicle by certified mail, return receipt requested, to all secured parties of record at the Department of Motor Vehicles or the Department of Game and Inland Fisheries.
D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens, and may retain possession of such property until such charges are paid.
E. Any lien created under this section shall not extend to any personal property which is not attached to or considered to be necessary for the proper operation of any motor vehicle, and it shall be the duty of any keeper of such personal property to return it to the owner if the owner claims the items prior to auction.
F. For the purposes of this section, in the case of a truck or combination of vehicles, the owner or in the case of a rented or leased vehicle, the lessee of the truck or tractor truck shall be liable for the costs of the towing, recovery, and storage of the cargo and of any trailer or semitrailer in the combination. Nothing in this subsection, however, shall bar the owner of the truck or tractor truck from subsequently seeking to recover from the owner of any trailer, semitrailer, or cargo all or any portion of these towing, recovery, and storage costs.
