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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2739
Experience:  30 years of experience
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My names Regina Turner. On February 22nd 2016 my car got towed

Customer Question

My names Regina Turner. On February 22nd 2016 my car got towed & I didn't have the $75 at the time to pay so the tow truck driver took it to his lot. I was keeping in contact with him on when I could get it out & he was fine with that. I informed him I wouldn't have the money until I got my taxes, at this point he was wanting $150.00. I called him around the 5th of April & he said he sold my car to the auction. I asked what happened to everything in my car & he said he doesn't know he'd have to ask one of the other guys. Is it legal for him to sell it like that? He sold it after a month or so. If it is legal, does he get to keep the money he sold it for aside from the $150.00 I owed? Im a single mom & I feel I've been treated unfair & taken advantage of....please help me understand. I can be reached at***@******.***, thank you
Submitted: 6 months ago.
Category: Legal
Expert:  Gerald, Esq replied 6 months ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. I am very sorry that you have had this problem. I am very afraid that you are not going to like the information that I have to provide to you. I really hate giving bad news but I can not mislead you into taking an action that will not benefit you. The Kansas laws in regard to towed vehicles overwhelmingly favor the tow companies and do not protect the consumer in any meaningful way. Here is a link to the law so that you can read it for yourself: You can sse form the statute that: "Any vehicle remaining in the possession of a person providing wrecker or towing service for a period of 30 days after such wrecker or towing service was provided may be sold to pay the reasonable or agreed charges for such recovery, transportation, protection, storage or safekeeping of such vehicle and personal property therein, the costs of such sale, the costs of notice to the owner of the vehicle and publication after giving the notices required by this act..." The notices required by the Act are very minimal. The tow company was obligated to Notify you that they had the vehicle and the charges to get it back. The law also provides you only 48 hours to recover your personal property from the car from the time it was towed. You may have an action against them for the value of the vehicle less the towing and storage fees IF you can demonstrate that you were not provided the Notice required by law. That may be difficult to do since you did know where the vehicle was and that there were fees accruing on the tow and storage. You would need to file the suit in the County where the tow truck operator is located. There are costs and fees attached to the suit. I truly wish I could have given you information that would have made things better for you. I hope that things turn around for you very soon. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald