QuestionQUESTION: Hi, i bought a cheap car from california, droved it to Arizona, never got the vehicle smogged or registered, had it park at my apartment with a dead clutch, and title with my address and signature signed on it still in the vehicle. my apartments had it towed for expired tags. over a year has passed and i get a notice in the mail stating i owe some tow truck company $3400. and $12 a day fee. i asked why it took them so long to notify me, they stated it was the mvd fault and if i don't pay this will effect my credit. is this something i can fight? is there anything i can do?
ANSWER: Well lets see if I understand this question..
You bought a cheap vehicle and used it while it was not inspected or licensed so you could save money. When the vehicle broke down and became to costly to repair you left it at the apartment where you lived and they towed it away because it was "abandoned" ( not moving and not licensed)
Now since it was towed away you just decided that you did not want the vehicle anymore and "forgot about it"
Well the tow company most likely followed state laws and ran the VIN number which told then the last registered owner of the vehicle was who you bought it from.
Now that takes some time and then notifying the last owner would create a further issue as they would prove they sold the vehicle... This then starts another search for information via all 50 states DMV offices.. After no luck then most tow companies start to search vehicles for any information so they can notify the current owner (this is most likely how they found the title with your name and address on it) and as such they have to start the notification process again.
All the while this vehicle is sitting there and the bill is increasing each and every day in addition to the fees which the tow company is putting out to try to find the correct owner..
All of this stuff is set into laws and regulations by the states as to how to do this, who is responsible and what actions can be taken against the vehicle owner (s)..
As to what to do on your part and if you are responsible. I really hate to say it but it is your baby and you are going to have to work something out...
When the vehicle was towed away, did you do anything like call the tow company and see what it would cost to get it back or how to give it to them?
I sense here that you just waved by to it and forgot about it, and now it came back to haunt you. It is part of the responsibility of owning a vehicle... No one wants to work for free and no one wants to collect garbage (that is what abandoned vehicles are to tow companies) and never get paid for the services they provided.
Hope this helps but I feel that it was not the answers you were looking for.
---------- FOLLOW-UP ----------
QUESTION: After a car is towed, what is the allowed time frame for a tow company to notify the owner that the car was towed? for arizona
AnswerFrom what I can find, it appears that the tow company notifies the state who does the notifications... But it might not be correct... The Arizona codes are kind of confusing... Below is what I am talking about.
28-4841. Abandoned vehicle; notice of intent to transfer vehicle
A. On receipt of a report as required by this chapter the director shall determine the name and address of the owner and lienholder, if any, or any other person identified on the department's record by either:
1. Searching the department records.
2. Asking the vehicle registration agency of another state if the vehicle is registered in that state.
B. On receipt of information from reports pursuant to section 28-4838 or 28-4839 and after determining the name and address of the owner and lienholder, if any, or any other person identified on the department's record who may have an interest in the vehicle, the director shall notify all interested persons by mail within five days for a vehicle with a record in this state or within thirty days for all other vehicles. The director shall make the notice on a form prescribed by the director. The notice shall include:
1. A complete description of the vehicle.
2. A notice of intent to transfer ownership of the vehicle to the person in possession of the vehicle if within thirty days from the date placed on the notification by the department the owner or lienholder or a person who has an interest in the vehicle does not notify the department of the owner's, lienholder's or person's interest in the vehicle or claim the vehicle.
3. The vehicle identification number.
4. The place and date the vehicle was found, seized or taken into possession.
5. The storage location of the vehicle.
6. A statement that the owner is liable to the department for the amounts provided in section 28-4802 if the vehicle was abandoned and removed pursuant to section 28-4802 and that the cost will be collected if the owner subsequently registers another vehicle in this state or subsequently applies for or renews a driver license issued by this state.
C. If the records of the department or out of state jurisdiction do not disclose the name and address of the owner and lienholder, if any, or any other person identified on the department's record who may have an interest in the vehicle, or if the notice is returned marked unclaimed or addressee unknown, the department shall publish the notice of the intent of the director to transfer ownership of abandoned vehicles pursuant to this chapter once in a newspaper of general circulation in the county in which the vehicle was found or seized. The published notice shall include a statement of the intent of the director to transfer ownership of abandoned vehicles after ten days of the published notice and that the department will make available to the public a complete vehicle description of abandoned vehicles subject to transfer of ownership.
D. A person who has filed a report of an abandoned vehicle pursuant to section 28-4838, 28-4839 or 28-4840 shall notify the director within twenty-four hours and in the manner prescribed by the director if the vehicle is released or returned to or redeemed or repossessed by the lawful owner or lienholder, if any, or any other person who is identified on the department's record and who may have an interest in the vehicle.
