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my car was towed and I was incarcerated I was incontact with

 
 
 

Customer Question

my car was towed and I was incarcerated I was incontact with the towing company via my lawyer who had a Power of Attorney and access to funds to pay the tow bill, I also wrote them a letter from jail to let them know where I was at. They went ahead and sent notice of aution to to the last registered address. I want to sue them and I need to know what the ordianince is in reference to towing laws so I can take that to court this happened in the state of Oregon.

Submitted: 978 days and 7 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 
Posted by RayAnswers 978 days and 7 hours ago.

Response From Expert

HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:



-What city and county do you live in?

-



Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

 
 
 
 
 
 
978 days and 7 hours ago.

Customer Reply

Portland, Oregon

 
 
 
 
 
 
Posted by RayAnswers 978 days and 7 hours ago.

Expert's Answer

Here is ordinance here for towing from private property.There is another one for airport.Not sure wher you were here.If this one doesn't cover you give me more information and I'll get you the right one here.

http://www.portlandonline.com/auditor/index.cfm?c=28811

 
 
 
 
 
 
978 days and 7 hours ago.

Customer Reply

I need the ordiance or some kind law that states they have to notify if they know where you are at before they auction the vehicle, it was towed from the highway. I want to sue them for autoningoff my vehicle in 9 days with out notify me or my attorney prior to auction I had the funds to pay them but they did not notify me.

 
 
 
 
 
 
Posted by RayAnswers 978 days and 7 hours ago.

Expert's Answer

Here are the rules and ordinance for towing from highway..

http://cc.bingj.com/cache.aspx?q=portland+oregon+towing+ordinance+from+highway&d=76677474173276&mkt=en-US&setlang=en-US&w=7f023c0b,26952d3a

 
 
 
 
 
 
978 days and 6 hours ago.

Customer Reply

What ordiance for Portland Oregon does it statewhen they tow the vehicle where they have to notify you at?

 
 
 
 
 
 
Posted by RayAnswers 978 days and 5 hours ago.

Expert's Answer

Look in here for the procedures..


"16.30.320 Notice After Vehicle Tow.

A. After a vehicle has been towed pursuant to this Chapter, notice will be provided to the registered owner(s) and any other person(s) who reasonably appear to have an interest in the vehicle. Notice will be mailed to such persons within 48 hours after the tow of the vehicle, Saturdays, Sundays, and holidays excluded, and will state:

1. That the vehicle has been towed;

2. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession;

3. The address and telephone number of the person or facility that may be contacted for information on the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle;

4. That the vehicle and its contents are subject to a lien for the towing and storage charges; that if the vehicle is not claimed within 15 days after the mailing date of the notice, the vehicle and its contents will be subject to sale by the City or the towing and storage facility where the vehicle is located and that failure to reclaim the vehicle within such time will constitute a waiver of all interest in the vehicle; and

5. Unless notice of the availability of a hearing to contest the tow has been provided prior to towing as prescribed in Section 16.30.310, the notice will state that a hearing may be requested to contest the validity of the tow and will set forth the time in which a hearing must be requested and the method of requesting a hearing.

B. If a vehicle has been reclaimed prior to the mailing of the notice, no notice need be mailed or provided, but the person or persons reclaiming the vehicle must be provided with written notice of the opportunity for a hearing to contest the tow pursuant to Section 16.30.350.

C. In those circumstances in which it can reasonably be anticipated that mailing of notice may hinder or prevent the apprehension of a suspect in an ongoing criminal investigation, the mailing of notice may be delayed until such time as will not prejudice that investigation or apprehension.


--------------------------------------------------------------------------------
16.30.340 Unidentifiable Vehicle.

No notice need be mailed pursuant to Subsections 16.30.310 or 16.30.320 when:

A. A vehicle does not display license plates or other identifying markings by which the registration or ownership of the vehicle can be determined, or;

B. When the identity of the owner of the vehicle is not available from the appropriate motor vehicle licensing and registration authority and when the identity and address of the owner and/or other persons with an interest in the vehicle cannot otherwise be reasonably determined.


--------------------------------------------------------------------------------
16.30.350 Notice to Contest Tow When Vehicle Claimed.

Written notice of the opportunity to contest the validity of the tow of a vehicle, together with a statement of the time in which a hearing may be requested and the method of requesting a hearing, must be given to each person who seeks to redeem a vehicle which has been towed pursuant to this Chapter. This information will be made available by the tow company or other facility holding such vehicle.


--------------------------------------------------------------------------------
16.30.400 Tow Hearing Procedure.


--------------------------------------------------------------------------------
16.30.410 Request for Hearing.

(Amended by Ord. No. 170923, effective March 21, 1997.)

A. After a vehicle has been towed pursuant to subsection 16.30.220 or 16.30.225 and prior to towing pursuant to subsection 16.30.230, the owner(s) and any other persons who reasonably appear to have an interest in the vehicle are, upon timely application filed with the Tow Hearings Officer, entitled to request a hearing to contest the validity of the tow or intended tow of the vehicle.

1. In the case of a vehicle towed pursuant to Subsection 16.30.220 or 16.30.225, such application must be filed with and received by the Tow Hearings Officer not later than 10 days after the vehicle was towed.

2. In the case of a vehicle proposed to be towed pursuant to Subsection 16.30.230, such application must be filed with and received by the Tow Hearings Officer not later than 10 days after the affixing of the tow warning to the vehicle.

B. The Tow Hearings Officer may, for good cause shown, grant a request for hearing filed after the foregoing time requirements have expired. If the mailing of the towed vehicle notice was delayed pursuant to Subsection 16.30.310, the Tow Hearings Officer will grant a request for hearing received and filed within 10 days of the mailing date of the notice or 10 days of the date the vehicle was reclaimed, whichever first occurs.

C. The request for hearing must be in writing and will state the grounds upon which the person requesting the hearing believes the tow or proposed tow invalid, or, for any other reason, unjustified. The request for hearing will also contain such other information, relating to the purposes of this Chapter, as the Tow Hearings Officer may require.

D. The Tow Hearings Officer will set and conduct an administrative hearing on the matter within 14 days of receipt of a proper request filed pursuant to this Section. In all cases where a vehicle has been towed and not yet released, however, the Tow Hearings Officer will set and conduct the hearing within 72 hours, not including Saturdays, Sundays, or holidays, on receipt of the request.


--------------------------------------------------------------------------------
16.30.420 Hearing Procedure.

 
 
 
 
 
 
977 days and 5 hours ago.

Customer Reply

I want to know what the resposiblilty of the tow company has to notify you before the auction of your vechicle.

 
 
 
 
 
 

Accepted Answer

16.30.320 Notice After Vehicle Tow.

A. After a vehicle has been towed pursuant to this Chapter, notice will be provided to the registered owner(s) and any other person(s) who reasonably appear to have an interest in the vehicle. Notice will be mailed to such persons within 48 hours after the tow of the vehicle, Saturdays, Sundays, and holidays excluded, and will state:

1. That the vehicle has been towed;

2. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession;

3. The address and telephone number of the person or facility that may be contacted for information on the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle;

4. That the vehicle and its contents are subject to a lien for the towing and storage charges; that if the vehicle is not claimed within 15 days after the mailing date of the notice, the vehicle and its contents will be subject to sale by the City or the towing and storage facility where the vehicle is located and that failure to reclaim the vehicle within such time will constitute a waiver of all interest in the vehicle; and

Picture
Expert: RayAnswers
Pos. Feedback: 98.4 %
Accepts: 10052
Answered: 9/19/2009

Lawyer

25 years in civil, criminal, family, probate, elder issues, and administrative law

 
 
 
 
 
 
977 days and 2 hours ago.

Customer Reply

Could you please tell me what section or ordiiances you are getting your information from so I could take that into court with me. Thank you.

 
 
 
 
 
 
Posted by RayAnswers 976 days and 19 hours ago.

Expert's Answer

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