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Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I am in California my vehicle was towed on a police impound

Customer Question

Hello I am in California my vehicle was towed on a police impound for a 30-day hold when I received notice of lien sale from the DMV I filed the Declaration of Opposition within the 10 days required. And because the tow company was late filing legal action the DMV extinguished the lien and tow truck company also was denied a judgement in court. My question is since there is no lien at this time on the vehicle and there is no judgement against me is there a certain paperwork I should file to get my vehicle back,when asked the tow truck company they said they would not release vehicle and I'm pretty sure that getting the vehicle small claims court would be out of there jurisdiction.
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 1 year ago.

Answer: Take a look at this law. Under Section 3068, it states in part:

(2) A person whose lien for work or services on a vehicle has been extinguished shall turn over possession of the vehicle, at the place where the work or services were performed, to the legal owner or the lessor upon demand of the legal owner or lessor, and upon tender by the legal owner or lessor, by cashier's check or in cash, of only the amount for storage, safekeeping, or parking space rental for the vehicle to which the person is entitled by subdivision (c).

If you comply with the above and they still do not turn over the car, then you will need to sue them under what is known as a declaratory judgment action and prove to the court that there is no lien on the car, that you made a demand, and offered the payment; but that tow company is refusing to comply with the law.

The best thing to do would be to hire a civil litigation attorney because of this law. The lawyer can send a demand letter threatening to collect these fees if the tow company does not want to comply.

(d) In any action brought by or on behalf of the legal owner or lessor to recover a vehicle alleged to be wrongfully withheld by the person claiming a lien pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees and costs, not to exceed one thousand seven hundred fifty dollars ($1,750).