QuestionThanks in advance for any help you can provide.
On November 27th my vehicle was towed from a private parking lot by local law enforcement in Southern California pursuant to VC22669 (a) of the Vehicle code as an abandoned vehicle. I was working 16 hour days and forgot I left the vehicle in the parking lot. When I got a notice from the DMV I contacted the towing company and they said it would cost $500 to get it out, I asked if I didn't want the vehicle and they said I wouldn't owe anything as they would sell it. (I wanted to donate it anyways). I was relieved and figured it was taken care of. Two weeks ago I got a letter from a collections agency stating I owe $3100! And, they are charging 30% interest! I stopped by the towing companies office and they said I spoke with the answering service and I would have to pay. Also, they stated I was charged for 153 days of storage as it was listed on the CHP form as over $4000. I checked and it looks like the most they can do is 120 days. I got the CHP 180 form and it showed it was towed due to 22669 (a), I looked up 22669 (a) and it refers to 22523. I read 22523 (from the DMV website) and section (e) states the most they can charge if it's towed under 22669 is towing and seven days of storage unless I file a "Declaration of Opposition" which I didn't (The total would have been $251) I followed all the other references too numerous to mention them all, but in 3068.1 states that if anyone other than the Legal or registered owner requests the tow, they cannot be charged more than $500 without prior written consent. The vehicle was only sold for $500 so obviously this leaves a large balance, which again I was told I wouldn't have to pay. I certainly learned a big lesson on getting this stuff in writing…..
So, my questions are:
1) Is this enough information to take to small claims court and have the debt removed?
2) Is a Collection Agency allowed to charge 30% interested? and can they send an account to collections if they never notified me I owed money?
3) Any advice you can offer?
Answerwell looks like you did the research on the laws, and it looks like the towing company did their job also. The storage differance might be something there in the case but not much I believe..
Collection agencies, heck they almost can do what they want to do .
I hate to say it, but it sounds like a small claims court is where I would be headed.
Did you sign the title over to the towing company or let them just file for lein papers ?
And getting stuff in writing idea would of been great help. I agree there.
This just sounds like something for the courts to decide, and I wish you luck.
Sorry but that is all that I see can happen.
