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Maverick, Attorney
Category: Legal
Satisfied Customers: 6421
Experience:  20 years experience as a civil trial and appellate lawyer
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My sons car was impounded back in 7/15/16. I cosigned the

Customer Question

my sons car was impounded back in 7/15/16. I cosigned the loan. as you can guess I ended up taking over the payments. I have the payment thru automatic payment thru the my bank every month. yes impound charges are high. I did not find out about this until 2days ago when my son I had talked. money is owed I agree, but the vehicle is not paid off. I have been informed thru a friend of my son, who asked this impound about getting personal items out of the car. of course he could not. he was told at this time that the car was going up for auction 10/08/16 at 8:00 am. here is my question, does my son have the right to get his things out the car before they sale it and can they sale this car with a lean still on it. I am still paying on it, I think there is still 6 or so payments left. everything is up to date except tag and taxes. this car has been there thru august. that is our tag and tax time. can you help me? thank you steve
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: Kansas \ not that I am aware of. not to me
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Here is the law that applies. It states in part:

Any personal property within the vehicle need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid, or satisfactory arrangements for payment have been made, except as provided under subsection (c) or for personal medical supplies which shall be released to the owner thereof upon request.

(c) A city ordinance or county resolution authorizing the towing of vehicles shall specify in such ordinance or resolution: (1) The maximum rate such wrecker or towing service may charge for such wrecker or towing service and storage fees; (2) that an owner of a vehicle towed shall have access to personal property in such vehicle for 48 hours after such vehicle has been towed and such personal property shall be released to the owner; and (3) that the wrecker or towing service shall report the location of such vehicle to local law enforcement within two hours of such tow.

More to come..

Expert:  Maverick replied 1 year ago.

On your lien question:

Yes, the impound service has a first lien that trumps the lien of others and thus sale may be had:

a first and prior lien on the vehicle is hereby created in favor of such person rendering such service and the lien shall amount to the full amount and value of the service rendered. The lien may be foreclosed in the manner provided in this act.

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