Need advice about towing company

Thread Starter

strantor

Joined Oct 3, 2010
6,798
My brother is in the Navy, stationed in San Diego, currently on deployment - probably in the gulf, probably with little or no access to email. Right before he went on deployment, he bought a car for 16,000$ cash and used my address on the title. I don't know where he parked it, but I just got a letter (certified mail) from a towing company in San Diego saying that they had towed it, stored it for >30 days, and currently have a lien on it for >1500$ of services rendered (storage & towing "services"). The letter says according to law they can sell it, but are required to notify the owner, and that they are selling it. No time frame for the sale was given.

So my brother has no idea that these people towed his car, nor that he owes them anything, nor that they are about to take his car to the auction. My mother called them and explained the situation and they said that the base reported it as an abandoned vehicle and that they were called to pick it up. I know from previous Navy experience that, this is a crock of ****; the base doesn't call towing companies - that's their fellow sailors' cars, however some towing companies do have base access. They come in and troll the pier parking lots, chalking people's tires, and haul off the cars that don't move for days. Anybody who's not in the designated deployment parking is game.

The towing company said that the only way the car will be released is if he comes in person and pays the full balance of what he "owes" them, or (they will make an exception, just for him) if he sends them an email from his navy email address, designating a person who they can release it to. So, my mom is planning to fly out to San Diego and rescue his car, but he's not responding to email.

The towing company was not able to give a timeline as to when the car will be sold, but said that, "since the car is so valuable, they put it on a 'slow track' so that the owner has time to get it back, so we need not be in a rush". I think this is to lull us into a false sense of security, and in fact they put it on a "fast track" because they know we are doing everything in our power, and by selling it vise accepting the fee, they make about 14,500 more. They told my mom that "if the car is financed, then a representative from the bank can have the car released" and asked my mom if the car was financed. She told them "no, he paid cash for it" - I have a feeling that was a big nail in the coffin, because now they know they won't have any opposition from any bank-paid lawyers to contend with. I believe they are going full steam ahead with this thing.

I have no idea what to do. My mom has already contatced the OMBUDSMAN but got no response. I'm thinking either get in touch with a base chaplain, or report the car stolen. If I report the car stolen, then I don't think they can do anything with the title; no liens, to transfers, frozen... until my brother comes back. But, that sets me up to get in trouble because I guess technically it's a lie, but technically it depends how you define 'stolen'. Also, not sure if I can report another person's car stolen, and from 3 states away.
 

Thread Starter

strantor

Joined Oct 3, 2010
6,798
I think I might have found something...

§ 537. Enforcement of storage liens [Sec. 306]
(a) Liens
(1) Limitation on foreclosure or enforcement
A person holding a lien on the property or effects of a servicemember may not, during any period of military
service of the servicemember and for 90 days thereafter, foreclose or enforce any lien on such property or
effects without a court order granted before foreclosure or enforcement.
(2) Lien defined
For the purposes of paragraph (1), the term "lien" includes a lien for storage, repair, or cleaning of the
property or effects of a servicemember or a lien on such property or effects for any other reason.
(b) Stay of proceedings
In a proceeding to foreclose or enforce a lien subject to this section, the court may on its own motion, and
shall if requested by a servicemember whose ability to comply with the obligation resulting in the
proceeding is materially affected by military service--
(1) stay the proceeding for a period of time as justice and equity require; or
(2) adjust the obligation to preserve the interests of all parties.
The provisions of this subsection do not affect the scope of section 303 [section 533 of this Appendix].
(c) Penalties
(1) Misdemeanor
A person who knowingly takes an action contrary to this section, or attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more than one year, or both.
(2) Preservation of other remedies
The remedy and rights provided under this section are in addition to and do not preclude any remedy for
wrongful conversion otherwise available under law to the person claiming relief under this section, including
any consequential or punitive damages.
They can't take the car without a court order. In order to get a court order, they have to go to court proceeding. If we can find out what courtroom, date and time of the proceeding, we can send a lawyer there to defend him and have a stay placed on the proceedings. I think if we contact the san diego JAG we might get a lawyer free. How would be go about finding out when & where the proceeding is?




that is, unless, the proceeding is already over, and they won due to no contest.
 

maxpower097

Joined Feb 20, 2009
816
Usually 90 days from when it was towed but thats gonna be a state to state law. They screw you on the storage fees. Like $50 a day to even get it. I recommend calling a 3rd party towing company and asking them how long they hold the car. No doubt its in their best interest to sell the car for the money. So the might not be giving you the full story. I would also contact where the car is news stations investigative reporting team. Figuring he's serving his country and their trying to screw em, The local news can usually have this settled in hours with no fee's.
 

maxpower097

Joined Feb 20, 2009
816
I think I might have found something...



They can't take the car without a court order. In order to get a court order, they have to go to court proceeding. If we can find out what courtroom, date and time of the proceeding, we can send a lawyer there to defend him and have a stay placed on the proceedings. I think if we contact the san diego JAG we might get a lawyer free. How would be go about finding out when & where the proceeding is?




that is, unless, the proceeding is already over, and they won due to no contest.
They can if the car was illegally parked or the registration ran out and was not registered. But each state is different. I've had 3 cars taken by the state/city. Usually I just drive em into the ground and when they finally go Kaput I pull the tags and take all the Personal info and leave it. Usually 2-3 months and it dissapears. We then get a bs letter a month or so later saying heres the car, pay this if you want it back otherwise we sell it or dispose of it.
 

Thread Starter

strantor

Joined Oct 3, 2010
6,798
I would also contact where the car is news stations investigative reporting team. Figuring he's serving his country and their trying to screw em, The local news can usually have this settled in hours with no fee's.
damn good idea sir. I will give that a try.
 

maxpower097

Joined Feb 20, 2009
816
damn good idea sir. I will give that a try.
You can also pay $200 to some independent camera men and a journalism student and fake it. Print up bogus Fox 14 cards, have the camera's and reporter asking to talk to the manager, give em one of your fake cards, Tell him you will be running a segment on the situation in a couple days and would like to get their side of the story. A $200 con is cheaper then paying the $1500. Being an ex-camera man for adult and golf films I can tell you people get crazy when the camera's turn on.
 

maxpower097

Joined Feb 20, 2009
816
Also start a petition a Change.org (I think) I can get you the right address. But you can tell your story and start a petition people can sign. Also create a twitter account and FB account to show support. Get enough and when the biz type in their name all that gonna come up is the dispute. I crushed a former employer that threw a punch at me one time just black hatting him. Put em out of biz in 5 months.
 

Thread Starter

strantor

Joined Oct 3, 2010
6,798
putting scum out of business isn't really worth my time. Kill one and 10 more spring up in it's place. All I care about is getting the car back.
 

loosewire

Joined Apr 25, 2008
1,686
Your mom has money to go out there,why not just give the letter to an attorney

and let him find out thru the courts what going on,give copy of the letter to

a local T.V. station and tell them he a vet.
 

Sparky49

Joined Jul 16, 2011
833
Do you have someone similar to an MP you can contact?

Over here, they tend to be good with these matters - no matter how hard we try to hate them.

Either that, or bring the matter up with fox news. You'll find that the company suddenly wants to give your car back.
 

maxpower097

Joined Feb 20, 2009
816
I did both seperately but sometimes they merged. We did a small tourney at TPC with Winghouse girls vs Hooters girls. Was a total disaster. All the staff from our golf people to the staff of TPC were just all over the girls. I almost felt like a bouncer. Its shocking what some of these powerful rich guys will just walk up to these girls and say. I can't tell you how many guys in polo's I had to tell to leave and just say, "What the hells wrong with you?" Have you never seen a pair of boobs in a shirt before?
 

Thread Starter

strantor

Joined Oct 3, 2010
6,798
Well I've been talking to some Navy friends who are still in, and it looks like my brother might be screwed. Harder than I thought. They reminded me of some stuff I'd forgotten, like before you go on deployment, you're told probably at least 10 times that you can't park anywhere but deployment parking, and that the base actually does call tow trucks to haul off cars of servicemembers who don't follow this order. The chance that he was legitimately unaware of rule is very very slim. Since he is in direct violation of an order, the Navy doesn't have to, and probably won't help him, and could & might actually punish him for it, as if having his new car taken isn't enough. The portion of law I quoted does not apply to him. The only thing that could help him now is if my mother or I had a power of attorney for him, which we don't, and not sure if we will be able to get one.
 

loosewire

Joined Apr 25, 2008
1,686
J Lo produces the Beach Towing show,watch the credits.Watch a little of that show

and you will see the prices and the things they put people thru to get there cars

back.They can sell cars ,if you don't come with proper paper work,and they love

doing it. Remember the trade and crush program,used cars are bringing top dollar

all the more reason to legally steal your car,happen every day in the U.S.

Car and trucks, work machines are stolen,put in a container and shipped to

other countries before being reported stolen. The insurance companies find

them,but with duty charges from other counties it not worth bring them back.

Officals from other countries end up driving mercedes because of the rules.

They enforce there laws to get the good cars and equipment compounded.

The officals add the stolen goods to there inventory for use.

When you reported the car missing,did they ask you if it was insured.

They expect you to have full coverage,then the insurance company offers

minimum amout to settle claim.
 

Thread Starter

strantor

Joined Oct 3, 2010
6,798
When you reported the car missing,did they ask you if it was insured.

They expect you to have full coverage,then the insurance company offers

minimum amout to settle claim.
didn't report it. Could be in trouble if I did that. False police report. It's not stolen by definition, it was legally confiscated and I know where it is and who has it.
 
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