Towing Issues: SELLING A TOWED CAR, selling a car, towed car sold

Question
MY NIECE WENT TO BALTIMORE MARYLAND TO STAY WITH HER BOYFRIEND FOR THE SUMMER. SHE LEFT HER CAR IN TAMPA AT THE APARTMENT COMPLEX WHERE HER RENT WAS PAID FOR. HOWEVER THE CAR HAD EXPIRED TAGS (SHE PURCHASED ANOTHER CAR AND WAS PLANNING ON SELLING THE TOWED CAR WHEN SHE GOT BACK TO FLORIDA).  SHE FOUND OUT THAT IT HAD BEEN TOWED WHEN SHE GOT BACK TO HER APARTMENT AND THE TOWING COMPANY HAD SOLD HER CAR. SHE HAD A FORWARDING ADDRESS AND WAS NEVER NOTIFIED THE CAR WAS EVEN IN THE POSSESSION OF THE TOWING COMPANY. IS THIS LEGAL?
THANK YOU

Answer
By Florida Law, the registered owner has to be sent a registered letter, letting then know the amount owed, the location of the storage lot, the date of the action.The date & time also has to be placed in a news paper. It may be the letter was not forwarded to her. Was no one staying at her apartment? Sadly, I have to say if the towing company can show proof of the registered letter being sent and the newspaper auction. After a number of days, which depends on the year of the vehicle, the towing company may sell the car at a public auction.

Now, you need to be sure the amount the vehicle sold for goes toward the towing & storage bill. The tow company still can place a lien on you, which will prevent another Florida tag to be issued in the persons name.

I'm sure you were hoping the company was in the wrong, yet if they mailed the letter and placed an ad, they followed the rules & regulations. Make sure you follow up and make sure a lien wasn't filed. Also go to the MYFLORIDA web site find the link to DMV, A DL# can be checked to make sure it is still in good standings.

To make sure no one else has this happen to them... The car was towed due to the tag not being current. If you are going to sell a car, make sure you keep it legal until the title is out of your name. This includes insurance. Talk to your agent for the cost of a non-operated vehicle. If the title is not signed over at the tag office, make sure the person you sold the car to does change the title into their name, ASAP. We see this happen a lot. A person will sell a vehicle, they place a tag they already have on it and can even get insurance, yet this is not legal. The vehicle is still in your name, if something happens, you are still the registered owner.

If the new owner waits until they have made changes to the vehicle or it wasn't running when it was sold and it becomes a 'fix up hobby' to the new owner,  they may fail to switch the title over or to get insurance on the vehicle. This would be a reason for DMV to suspend a drivers license. No insurance, no DL, if a vehicle is legally registered in your name.
1. Keep a car in legal status until the title is out of your name.
2. If you sell a vehicle, MAKE SURE the title is changed into the buyers name.
3. Always try to transfer a current tag to your new vehicle.

Make sure the towing company followed the correct steps, if so, you really have no options.
Sorry,
Lisa