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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111657
Experience:  Attorney experienced in commercial litigation.
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My father's truck was recently totaled in an accident. I was

Customer Question

my father's truck was recently totaled in an accident. I was in the truck as well. They police had it towed and now it's in a tow truck company's impound yard. how do we (I) get my stuff out of the truck?
JA: What state is this in? And how old is the truck?
Customer: California and the truck is a 2007 toyota tacoma
JA: Has anything been filed or reported?
Customer: there is an officer's report from the Highway Patrol, I think. No one was charged with anythiing and no other cars were hit or damaged.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. We have had a problem with registration because another towing company put a lien on the vehicle and even though we paid them and got the truck out, they have neglected to remove the lien even though thay said they would. So, we haven't been able to register the truck and have gotten several citations for expired tags because of that. Is there any way we can compel that negligent company to pay for the tickets and this latest impound?
Submitted: 26 days ago.
Category: Consumer Protection Law
Customer: replied 26 days ago.
The only reason that it is still in the impound is because of the failure to remove the lien which prevented us from obtaining current registration from the DMV.
Expert:  Law Educator, Esq. replied 26 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your father or the owner of the truck has the right to appear at impound with proof of ownership and they cannot refuse to allow you to remove personal items from the vehicle.
Furthermore, your father is allowed to file an appeal for release of the vehicle or you need an attorney to file suit against the other towing company for damages caused by their improper lien and that would require you proving that they were actually paid and that they have maintained an illegal lien. If you prove that they were paid, then they are liable for all damages caused to you based on the improper lien.
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