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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102374
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son was pulled over in ca while driving my pickup on a

Customer Question

My son was pulled over in ca while driving my pickup on a suspended driver's license. The pickup was pulling a flatbed trailer with two motorcycles on it. The truck was impounded and the trailer was taken with it. I live in a rural area. The trailer was borrowed by a friend of mine, from a friend of his, who was letting him use it to move his things out of his foreclosed home, when he became depressed and committed suicide. I don't know why, there's no license plate, and I placed it in my back lot, several months ago, waiting for his friend to show back up and claim it. I was not going to charge him anything. My son, without my knowledge, borrowed the trailer to pick up the motorcycles, not yet reg. Is the trailer considered one tow with the truck? Are the items on the trailer considered personal property, I have receipts? It's on a 30 day impound. I have not received as the owner, a certified notice of the impound, which is required within 2 days by the impounding agency, which, if they fail to do, limits the fees they can charge to 15 days. I would like to file a lien on the trailer in memory of my friend who I believe would like his friend to get it back, which I believe is probably too late to do now. So I will probably have to let the trailer go. What about the personal property issues?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What happened was that the police towed the vehicle because its driver was arrested. At this point, the actual owner (i.e. yourself) can go to the police and request the vehicle/trailer back. They will release it, unless, the prosecutor requests it as part of evidence against your son for the criminal case (unlikely). If this happens (again, unlikely), then the vehicle and trailer would be released at conclusion of the case.

1) Yes, the trailer is considered part of the tow.

2) Items in the truck may be requested back and would be given back unless they can serve as evidence for the case.

3) By not receiving the notice, this does not invalidate the impound itself. However, this would indeed limit their ability to charge a full rate for the tow as they normally would.

4) You cannot file a lien on a trailer without the actual owner (i.e. the friend) owing money to you. Even if he did, the lien would not do much to invalidate the tow/impound or give you greater rights to retrieve it. If you want to retrieve it on his behalf, the easier thing to do would be for him to simply give you a Power of Attorney.

Good luck.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Are the contents on the trailer considered personal property
Expert:  Ely replied 1 year ago.

Yes, they are.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!