My question involves a towing and impound of a stolen vehicle from state of: California
My non op vehicle was stored on private property for several years due to my ongoing severe disability and my financial inability to repair car. My car was stolen without knowledge from my step-dad, the property owner, or myself in a short lapse of time when no one was occupying the property, my step-dad (tenant of 20 years) was in the hospital and property owner was out of state visiting family. It was only a week span of time that no one was there to witness or notice the theft. The thieves somehow must have towed the vehicle since it wasn't running, and it was located approximately 20 miles away across town with some damage and parked left to be towed on a public street in city jurisdiction.
I received notification to my surprise 10 days later by both the PD and tow company. I realize according to law that I owe the tow and storage fees and do not dispute that. However, when I contacted the PD to find out more details and report that the vehicle had been stolen I was given the run around, 3 different stories, which I didn't even care why, I just wanted to follow proper procedure and file a report. Since it was stored on county property, they referred me to the CHP since the sheriff refers all reports directly to them. After 2 days of calls, and meanwhile the tow company office was closed over the weekend, I finally was told they were dispatching an officer to my home to file the report. I got a phone call a couple hours later from said officer and after making me explain multiple times why we didn't know the vehicle had been stolen, she told me to call the tow office, gave me a specific contact, and said to try to work something out, if she wouldn't work with me officer would come the next day to file my report. The officer rrefused to file the report based on the fact that she didn't believe that I had authorization from the property owner since most contact has been through my step-dad and I only know him throughout the years from occasionally stopping by to visit when he just happened to be there, although he we had briefly discussed on these occasions the storage of my vehicle and he was always kind enough to allow me to keep it there as long as I needed since he was extremely close to my step-dad and he knew of my ongoing medical problems. I had even offered at one point to pay him a low monthly storage fee but he declined as he knew from my step-dad how rough things were for me. But none the less, I don't have his contact info, so her excuse was that he could have towed it. We have verified that is not the case at this point. But either way, the report is a mute issue, since I am not attempting to retrieve the vehicle.
I called tow office and spoken to woman the officer referred me to, and after explaining the woman accused me of trying to defraud them, and got very defensive accusing me to expect them to work for free.
No, I just wanted to try and work a plan of action out to help compensate them and try to keep the debt minimal. I am a severely disabled single mother, with no other income than my SSDI and barely make it by monthly. I know my obligation and am trying to act in good faith to settle so that they get whatever compensation needed to clear the charges and avoid collections, even though it wouldn't matter since I am in approximately 1/2 a million dollars in debt already from multiple medical bills accrued before I was able to qualify for my Medicare and Medicaid. But I understand small business and have no intention to defraud or deceive them, as it is my obligation.
I have offered to sign over the title and requested that since I was doing this to avoid the extra work required for them to file for a lien and so forth, if they possibly could work a payment plan out with me. The car was uninsured, and it already took me 3 years to save enough to get registration up to date, place non op, and retain my license back. The tow office lady was extremely rude but said yes bring in the title immediately and we can work on something, however she was refused to give me any idea of what "something" would be. I offered to mail it in since I am literally bed bound and cannot go anywhere, and although she seemed angry she said whatever and hung up. Even the officer understood after several conversations that I was trying to do my best and she even mentioned that I could just let it go to collections and either make payments or just let it sit with all the other on my credit report since I have no credit anyhow. No, I'm trying to do the right thing.
So I wrote a very nice letter to the woman to enclose with title, making sure I apologized because I was extremely distraught at the time of conversation, it was just another financial burden that I wasn't expecting and lately I've had more financial emergencies popping up left and right in the past couple months and have had to borrow from everyone I can just to make it by and keep a roof over our head. I have no other assets other than my 50 year old dilapidated mobile home that I inherited which is one of the main financial problems I have since it pre-hud and nothing is to code, but its still our home and I'm doing my best to keep us safe and in a home, since I have been homeless in the past. I refuse to let my child experience that EVER!
As I was preparing the documents to be sent out I went over the amnesty offer they sent and did the math, decided that probably would be my best bet since at this point the actual charges are much more. But that's when I noticed that they ask for me to sign over title but there is no mention of the what income they collect from the auction or scrapping of my vehicle would be applied to my account, which is what the woman at the tow company had briefly mentioned on the phone, as well as the officer.
So my question is, if i sign the amnesty agreement do they apply the recovered funds toward my charges or do they get both the charges and the vehicle from me? Either way I'm in no condition to dispute it and I don't want to. I have no means to tow or store the vehicle anymore and I just want a resolution to this burden. I just want it to be somewhat fair. My vehicle was not completely totaled or worthless, they took the wheels and a mirror, but otherwise other than some small work to the engine that was only about $200 dollars work, which according to 2 different mechanics was in great shape , and the transmission was in great condition my car should be salvageable for them to auction for more than the $500 amnesty agreement. I want to get this paperwork out ASAP but was curious if they applied the fees collected towards my account as explained by the officer. I'm not sure this officer knew too much because she didn't realize that the reason I was so upset other than I felt violated by the theft, is that I literally saved for 2 years scraping everything I could to get my license reinstated and vehicle up to par so that in the future (if I am ever able to) I could get another car or at least be able to drive, especially since I have small child. I don't want to lose my license again and I am doing everything I can to go about this completely by the book. The tow company did there job as a service to the community and in no way am I trying to cheat them.
Also, if it goes to collections couldn't that cause a problem with my license as well? From what I have read that is what I am lead to believe and I want to avoid that issue altogether, but the officer said it wouldn't be a problem.
Either way I have no one to refer to or consult regarding the legal aspects and I don't qualify for legal aid as I am literally $3 dollars over their income eligibility.
Can someone please help clarify? I just want this done and to move on. I am offering to make payments and will do my best to reimburse them as quickly as I can, but I want to know if what I was told was correct because although I doubt the tow company will acknowledge it, I'm sure they'll be more than compensated either way. And if it was true that they could apply the monies received from auction I could very possibly cleared of the debt entirely which would relieve me of some serious stress from this issue.
Since I'm in and out of the hospital so frequently, 16 surgeries alone this year, another already scheduled for next month, I'm afraid that if I'm late on a payment when in the hospital that they'll send me to collections or revoke whatever arrangement if any I can get them to make.
Can someone please clarify if they apply the sales amount to the charge? Also, am I correct in the believing that my license could be suspended or revoked if it goes to collections?
Thank you in advance for your assistance! And I apologize for the length but I wanted to be as clear as possible.
Impound: Liability for Towing and Storage Fees for a Vehicle That Was Stolen and Dumped
