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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116710
Experience:  Attorney experienced in commercial litigation.
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Q: My son's car was stolen in September, and recovered on 9/16 by Phoenix Police Department.
My son gave me POA to pick up the car, after I received a letter from PHX police that it had been recovered. I tried to pick up vehicle, and the towing company required a different POA form, which I later obtained. When i went back to get the car, the fees were up to $1041 on 10/31, and the next week had increased to $1706, and today more than $2100. Since the car was reported stolen, I thought the owner would not be responsible for fees. At a minimum, I thought fees would be limited to $15 per day, but DV Towing is charging more than $30 per day. Please let me know what, if anything that we can do to get my son's car back, as we cannot afford the fees being assessed. Thank you for your help and consideration. Yvonne Ogburn(###) ###-####
Also, have asked police for assistance, but they do not understand the statutes relating to stolen vehicle storage fees. Thank you again for your help.
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 8 months 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.
Storage fees are supposed to be limited to $15 per day and if they are overcharging, you would have to pay and then sue them for the excess fees. If your son has insurance on the car, the insurance should be paying the bill. If not, then you need to pay and get the car out and then you would sue them in small claims court without an attorney for a refund of the excess money, especially if they denied a valid PoA and made you go get another one causing further delay.
The only other thing you can do is more complicated as it requires a local attorney and they have to go to court to file a petition for emergency court injunction to ask the court to order the vehicle released for the statutory fees, but that will cost you at least $500 to a local attorney to prepare and file that in court and will take several days, at least into early next week with the holidays.
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