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I'm in Florida and this is in respect to my previous post of writing up a
declaratory judgment and now I've submitted the judgment and got the summons
out. The towing company called me today and said they would be doing a
counter-suit for $200 plus time lost from work. I can understand the
compensation from work, but the $200 I can't. It's supposed to be for
satisfying a lien for the towing and storage charges accrued. Let me first
point out a few things, maybe I am interpreting them wrong:
"...If the motor vehicle is NOT sold at the public
auction, the towing company must apply for a certificate of title or
Certificate of Destruction in the name of the towing company. A Certificate
of Destruction is required when a towing company intends to sell a motor
vehicle, for purposes of having it dismantled, destroyed, or changed in such
a manner that it is not the motor vehicle or mobile home described in the
certificate of title. Application for Towing and Storage Certificate of
Destruction, form HSMV 82012, is included as Exhibit B. NOTE: If the
application for certificate of title or certificate of destruction is not
made within 30 days of the date of the public sale; a $10 penalty is due.
NOTE: For information on adding, discharging or disputing a "Wrecker
Operator's Lien," refer to DMV Procedure RS-50 *."
"Section 713.78(13), Florida Statutes, provides that
the wrecker operator may submit a notice, to the department, on forms
provided by the department, claiming a lien for recovery, towing and storage
of an *ABANDONED vehicle, vessel or mobile home, for which a certificate of
destruction has been issued. The department shall place the name of the
registered owner of that vehicle, vessel or mobile home, on the lists of
those persons who may not be issued a license plate or revalidation sticker
for any motor vehicle under s. 320.03(8). If the vehicle is jointly owned,
the name of each registered owner shall be placed on the list."
*Any law enforcement tow from public property. A code enforcement or private
tow would NOT be applicable.
It was a law enforcement tow. If it would've been sold at the public
auction, the lien would've been satisfied, but it didn't sell. It says
after that they can request either a Certificate of Destruction or a
Certificate of Title, but doesn't say anything more about the lien. I would
imagine that the next person who took ownership of the car would have
satisfied the lien, right? Why would the name of the registered owner be
put on that list unless the lien was put on him/her? Once the lien is
satisfied, they are taken off the list.
"WRECKER OPERATOR'S LIEN:
A wrecker operator may claim a wrecker operator's lien for recovery, towing
and storage of an abandoned vehicle, vessel or mobile home, for which a
certificate of destruction has been issued. However, the certificate of
destruction MUST be issued in the towing company's name prior to applying
for the wrecker operator's lien."
So does the lien follow the car or the previous owner or current
owner? The first time it was sold (sold to the salvage yard then to me)
should've satisfied the lien correct? The DMV doesn't show any lien on the
vehicle so could it be on the person or maybe they didn't file it?
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Here's what happened to me in California.
We had a car that was totalled by somebody that ran a red light. The cops
came and did the reports and cleaned up the glass and all that sort of
thing. They also called the tow truck to come get the wrecked cars. The
hittor (the guy that hit our car) elected to have his car taken to his
house, my car was taken to the tow truck company's yard. The yard wanted $35
per day for storage, but the car was totalled so I didn't care, whatever was
charged, I would simply charge back to the insurance company as part of my
loss that they were liable for. (the hittor was insured, so I had no issues
there.) Here is where my story starts to look like your's.
I was the legal and registered owner, and the yard wanted me to pay for the
storage. If I didn't pay in a certain amount of time -- a period of a few
days from when the car got to the yard -- then they would sell the car at a
lein sale and then charge me for whatever they didn't get to cover the rest
of the storage fees. If the car was sold at the lein sale, I could not get
the insurance pay off for the total wreck.
The yard has a right to collect daily fees plus any labor costs associated
with taking physical possession of the vehicle. In my case, they wanted $270
to pick the car up from the crash site plus the daily storage fee of $35. I
got the towing charge waived because they are an Auto Club contractor and I
have AAA, but they wouldn't let the car sit waiting for the insurance
company to render its disposition. Bottom line, I had to either pay then
collect, or move the car somewhere where I didn't have to pay first, then
bill for the storage fees that racked up over the month or so it took for
the insurance company to swing into action.
So, if Florida is anything like California, the towing yard can sell your
car from under you, then still charge you for storage fees they did not
collect on the sale. And, they can tack on the labor and equipment costs to
send the truck out to gather up your car.
I think you are covered by the section that lets the towing company do a
lien sale on an abandoned vehicle. YOU might not consider that you walked
away from the car, but if the car is in the yard for a certain period of
time, THE TOWING COMPANY can consider that you walked away EVEN IF YOU COME
BY EVERY DAY AND WASH THE DAMN THING. The yard wants money, and if you give
them money then you are still interested and they ought not sell the car.
But you have to pay them often and alot.
I'm in Florida and this is in respect to my previous post of writing up a
declaratory judgment and now I've submitted the judgment and got the
summons out. The towing company called me today and said they would be
doing a counter-suit for $200 plus time lost from work. I can understand
the compensation from work, but the $200 I can't. It's supposed to be for
satisfying a lien for the towing and storage charges accrued. Let me
first point out a few things, maybe I am interpreting them wrong:
"...If the motor vehicle is NOT sold at the public
auction, the towing company must apply for a certificate of title or
Certificate of Destruction in the name of the towing company. A
Certificate of Destruction is required when a towing company intends to
sell a motor vehicle, for purposes of having it dismantled, destroyed, or
changed in such a manner that it is not the motor vehicle or mobile home
described in the certificate of title. Application for Towing and Storage
Certificate of Destruction, form HSMV 82012, is included as Exhibit B.
NOTE: If the application for certificate of title or certificate of
destruction is not made within 30 days of the date of the public sale; a
$10 penalty is due. NOTE: For information on adding, discharging or
disputing a "Wrecker Operator's Lien," refer to DMV Procedure RS-50 *."
"Section 713.78(13), Florida Statutes, provides
that the wrecker operator may submit a notice, to the department, on forms
provided by the department, claiming a lien for recovery, towing and
storage of an *ABANDONED vehicle, vessel or mobile home, for which a
certificate of destruction has been issued. The department shall place the
name of the registered owner of that vehicle, vessel or mobile home, on
the lists of those persons who may not be issued a license plate or
revalidation sticker for any motor vehicle under s. 320.03(8). If the
vehicle is jointly owned, the name of each registered owner shall be
placed on the list."
*Any law enforcement tow from public property. A code enforcement or
private tow would NOT be applicable.
It was a law enforcement tow. If it would've been sold at the public
auction, the lien would've been satisfied, but it didn't sell. It says
after that they can request either a Certificate of Destruction or a
Certificate of Title, but doesn't say anything more about the lien. I
would imagine that the next person who took ownership of the car would
have satisfied the lien, right? Why would the name of the registered
owner be put on that list unless the lien was put on him/her? Once the
lien is satisfied, they are taken off the list.
"WRECKER OPERATOR'S LIEN:
A wrecker operator may claim a wrecker operator's lien for recovery,
towing and storage of an abandoned vehicle, vessel or mobile home, for
which a certificate of destruction has been issued. However, the
certificate of destruction MUST be issued in the towing company's name
prior to applying for the wrecker operator's lien."
So does the lien follow the car or the previous owner or
current owner? The first time it was sold (sold to the salvage yard then
to me) should've satisfied the lien correct? The DMV doesn't show any
lien on the vehicle so could it be on the person or maybe they didn't file
it?
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Thanks, my story's a little different in that the car wasn't mine to begin
with. Long story short, the owner left it on their property when they
moved, for reasons I believe I know, and they police had it towed per the
owners/new renters. The person who owned it moved out of state and I don't
blame them for not comming back for it becuase it was too costly and they
probably didn't have the budget for it so they took it as a loss not
realizing that the towing company was still going to bill them for it.
Aside from all this, I lived in california almost a year ago (still want to
go back too) and had a car towed. I never heard from the towing company
again, nor did I know anything about paying them if noone wanted my car.
Luckily I don't think I ever got any bill from them.
Back to my story, the towing company had the car and tried to sell it after
the required time and it didn't sell. If it would've sold, all it really
says in the laws is that anything over the amount would be deposited to the
clerk of the court and that they would send it to the registered owner minus
the 5% or whatever for handling fees (does that sound right?). It doesn't
specify that if it's sold for under the amount, that they would still owe
money. That would make sense though. At that time they had the option of
getting a certificate of title or certificate of destruction for it and
decided to go with the destruction one. The only reason I can see them
doing this is if the registerred owner still had to pay X amount of the
towing charges minus whatever it sold for, they could sell it cheaper as
scrap and the salvage yard that they sold it to would be able to make more
money from it in parts than selling it as a whole. Also they don't have to
pay sales tax. So they sold it to a salvage yard in which I found it in and
talked the owner of the salvage yard into selling me it knowing I wanted to
get the title back. I wrote the DMV and they wrote back stating that I
needed a Declaratory Judgment showing that the title should be reinstated
and the certificate of destruction annulled. Once I filed the judgment and
sent out the summons, the towing company called and left a message saying
they would be filing a countersuit against me for the charges of towing and
storage. So that's basically where I am at. There is no lien on the
vehicle and seeing how they already sold the vehicle to the salvage yard,
that would seem to me that they shouldn't have an unsatisfied lien or amount
due attached to the car. The big thing that could probably get me out of it
is that the salvage yard is not obligated to pay them any more money even if
they make $4,000 for the vehicle and I am not either so long as it keeps the
certificate of destruction (or at least they didnt' care), but since I am
getting a title for it, they want their money which I don't believe I am
responsible for. Getting the title would not cost them anything. They also
said that they would be sueing for time being away from work which I can
understand as long as it's not outragous. I don't believe they have a
lawyer either.
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