Towing Issues: tow truck lien, chapter 7 bankruptcy, certified mail

Question
I was in a bad accident on 1/6/08.  I was airlifted because I was unconsciuos - four about 14 houra.  I was in for about 3-4 days.  When I got out, I had a friend take me to the wrecker services.  The car was totalled, but I wanted to get my stuff - I had lots of stuff.  I went with the title or the money.  Anyway, I was told I had to pay for the tow  AND sign over the title if I wanted to get my stuff.  My friend drove me to get the money or the title (whichever one I didn't have) We went back and I paid them AND signed over the title.  I was them allowed to get my stuff. Subsequent to my borrowing moeny to buy a cheap, old car for transportation, I was told by FL. DMV that I had a tow truck lien and could not register my car.  I callled the tow company and they said I hadn't paid them OR signed over the title AND that their was now an additional $500.00 "Destruction Fee."  I am broke, disability,   and couldn't pay them the $750.  This has caused enormous problems the last 2.5 years.  I am now declaring bankruptcy and that lien is there.  Since the tow truc company contracts with the state of florida it wouldn't normally be discharged in chapter 7 bankruptcy.  I called FL. DMV and they said that they said I would HAVE to pay the lien because of it being a government type debt - whatever that means.  Unfortunately, I did not gotten a receipt from the tow company, althoughI do have a witness who saw all this happen.  I was supposed to be notified my certified mail before the two company did anything with my car (Since they claimed I hadn;'t signed over the title, that would have made it MY CAR."  I was in the hospital, and the person who lives here got no notice by certified mail.  Can this lien be discharged in chapter 7 bankruptcy in Miami, Florida.  They lied to me about the additional $500.00 too.  Although I had already paid them, I may have just decided to give up and borrow the $252 to pay them for a SECOND time.  I live on $1250/mo.  I didn't have $750 (and I didn't even owe it to them!!).  They are crooks, nasty, itimidating, liars.  Since I wasn't notified by certifed mail within 24 hours, will this/these liens be dischraged in the chapter 7 bankruptcy.

Thank you for you help.  I truly appreciate it.  

With many thanks,
Donna BIrd

Answer
Well Donna, I am sorry to hear about the accident and the injuries.. I hope that part is going better...


Now I have some areas in this question where I can not answer questions as I know Bankruptcy does change some laws and procedures...


But if you turned over the title and then paid the tow company the towing fees, they should of given you a receipt... It seems like a oversite on their part and yours also for not getting a receipt...

Now you also listed the accident happening 1/6/08 and then you then say 2 1/2 years later you have the lien...
But you are correct in that the tow company has reported the lien and since it was a "law enforcement ordered tow" they have the law behind them and that is why there is the lien..

Now they should have paperwork on the whole deal.. If they filed a lien and did the mailings then they should have that file which should help you in proving they did it legal or illegally...

But it sounds as if they lost some paperwork on the whole process, but then again 2 1/2 years does make those chances a bit worse.


Now since you are in bankruptcy, I would consult the lawyer and see what they can help you with...

Good luck.