Towing Issues: Towing Laws, alabama dmv, tow company


Question
I am located in Huntsville, AL. I sold my car six months ago to a individual allowing them to make payments and I am still lien holder. Well I haven't gotten any payments and was getting ready to reposes the car. I receive a call from the impound yard yesterday saying they impounded the car from them driving with no insurance. They said they have had they car for two months and the impound fee is $800+. I don't have the money to pay for the car to get out. It seems to me they should have contacted me (the lien holder) a long time before two months has gone by. What can I do to retrieve my car as cheap as possible?

Answer
Well first of all, if the registration - title was changed to the new owner and it does not list you as a lien holder (since this sounds private) then it would be hard to find out who is the lien holder...

That being said Alabama DMV would list who ever is listed on the paperwork when the tow company files for an lien sale... That means the tow company  contacts the state for the Registered and Legal owners of the vehicle.  And since the lien process can not and usually does not start in Alabama till 30 days have past then that would account for the higher towing and storage bills..

As to the total amount, well I would venture a guess that the vehicle is not worth the towing and storage fees, yet the tow company when they obtain the lien title paperwork would not get near the actual value of the vehicle from the sale.

This opens up the possibility of discussing with the tow company for a reduced fee to pay on your part if you can prove that you still have legal rights to have the vehicle.

Sorry for not having much of an answer but its hard to handle liens here in Alabama (I am in Dothan) and we deal with it on a daily basis...   And sorry for the delay in answering I have been real busy at work lately

Best thing is to try and bargain with the tow company but remember they do have the vehicle and the law does give them some rights to hold it as long as they have followed the law.

here is one of the laws, you can go back up the list and read other relevant sections but this one is the key..

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm