Proper procedure in California according to code is that a tow yard has to notify threw certified or personal service to the owner (me in this case) and legally define a date they plan on auctioning a car to obtain the lien placed on the automobile. And also i should receive any surplus from the cars auction but id rather have my car and I'm sure the guy is going to buy it or sell it to a family member or employee as its a newer nicer car.
Feb, 15.2009 I was arrested for a bench warrant I had received due to a failure to appear. I bailed out same day and the next day i went to get m y car come to find out a 30 day hold had been placed on it (sheriffs department). I'm a new resident to Ca and my last place of residence was Co having moved here Feb and being a student in Co my car is registered (and its current) in M.S. Thats Mississippi where my father retired to after the Airforce. So i grab a few things chit chat with the guys and talk to the head guy who identified himself as just the "manager" not the owner. I also asked an employee what the time frame was on getting my car after the 30 day hold which i was told 10-15 days.
Fast forward to day 30 and I'm calling to double check to my surprise i have until the end of the week Friday being told by a very rude guy but if its going to be a problem they can make an appointment Saturday even though they are closed. Doing me a favor, right. Psh yeah right.
So i called back towards the end of the week to double check, like i said to the guy this is a real issue involving a real thing, my car, I'm 23 trying to get into school here and I don't think anyone can afford to give away cars, so i need a real answer i asked for the mgr but he assured me he was looking at the data base they used. To my surprise not only are they open on Sat's but the guy checked the computer and said i had till the 28 which would have been the Friday after the first date the guy told me more or less 10 days from the 17th which is the 30th day due to Feb being a short month. I call the 24 to my surprise they have auctioned my car! And the guy who is rude and identified himself as the owner tells me how he told me over the phone how he told me this and that. So i panicked called the sheriff and met them down their, to which they tell me they cant do anything its a civil matter even said i should use the 1500 i had to get my 02 civic ex out to buy a car from him! I mean the guy basically stole my car! He never sent me a certified letter and places like this prey on ppl in bad situations, in his own words if im to take him to court his a $500 dollar a day kinda guy, that's the kinda world this guy lives in. He tried to intimated me over the phone before i called the police, he berated me in front of the police, and uses his bully tactics to try to make me go away, even threatened to call the police if i should up and refused to give me a copy of any paper work! Well I live in America and i still believe their is justice in America, the pen is mightier then the sword as sites like this one are a testament to and i will be writing papers, congressmen and taking him to civil court and notifying the DA. If anyone else has had similar problems with predatory towing companies in California you have rights that have changed recently due to practices like this one! Please contact me as i will be pursuing this in court and if need be a class action suit.
Eddyisntindiffernt
Mission Viejo, California
U.S.A.
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