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Home > Law > Small Claims   »   Mechanic had car towed wouldn't tell us where it was?

 
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Old Mar 10, 2007, 06:16 AM
TooMuchDebtfor1
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Mechanic had car towed wouldn't tell us where it was?

What can we do ... we got a letter from DMV stating the towing company (listed on the letter) had our car. Our son brought it for $400 (mistake #1); # 2 we had it towed to the mechanic we used all the time....we didn't follow up for 2 months and he towed it and wouldn't tell us where it was. We got a notice from dmv saying a particular tow compay has it. We called them, they want $2150 (keeps growing as long as they have it).
What can we do? They offered to take the title and $750 ..but the car is not worth it ... we'd be paying them to take it from us? Can they put a lien on my son's licenses ?

Help .... stressed by too much debt for 1!

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Old Mar 10, 2007, 07:23 AM   #2  
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First the reason the DMV would have called is that the car went to impound. Next why did you not do anything for 2 months ( deserted car)

At this point the towing company has it and they will sell it, and you will still owe the balance. They don't put a lien on the license but will sue to get a judgement against who ever is listed on teh title as the owner.

This is serious time for an attorney, and show him all the paper work from having it towed and all the paper work from the mechanic where you signed to have him do the work. ( ok I am guessing for real you did not do this and have no paperwork at all)

This is serious time to get an attorney
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Old Mar 10, 2007, 07:50 AM   #3  
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Thanks for the response. Waited 2 mons b/c it was the holiday season (Thanksgiving/Christmas) got busy -- just forgotten. Car was junk anyway (still not a good reasons to forget it). Just want to move beyond this situation and settle it with dignity. How can I cancel the insurance on the car if I can't get the tags?? Do I still have to pay insurance on a car that is not in my possession?
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Old Mar 10, 2007, 07:52 AM   #4  
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Hello Too:

You got a lot of stuff going on. I can't tell who owes who, or how much. The only way you're going to be able to sort it out, is if a judge does it for you. I'm not sure that you want it to go that far. And, I'm not sure that you don't.

From a legal perspective, I don't think you owe the towing company anything. They were hired by the garage, not you. However, I could be wrong. Towing companies and their relationships with their customers and who's liable is city law. So, I don't know how this would work out in front of a judge.

Therefore, I suggest two solutions: 1) Certainly, hiring an attorney is going to cost more than $750, and you can make this go away for that amount. Or, 2) you can write the towing company a letter and tell them to sue the garage.

If it were me, I’d choose option number #1. Yes, you’re paying them to take it from you. Or, more to the point. You’re paying $750 to clean up the mistake that YOU made by not communicating with the mechanic.

excon

PS> I'm not sure that you don't have a lawsuit against the mechanic. Even though you didn't talk to him, he just can't give your car away.
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Old Mar 10, 2007, 08:34 AM   #5  
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what does the car tag have to do with canceling your car insurance ??

not sure where you live but here you call your agent and tell them to cancell the insurance since you don't have the car any longer.

But you need to find out who has what and why, if the garage is not telling you anything odds are they are doing something illegal.

But as excon said, it will cost you alot more than 750 to even try to win, so perhaps it is a cheaper payoff to make it all go away
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Old Mar 10, 2007, 03:02 PM   #6  
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I live in VA. I'll contact the towing company on monday and see if they will work something out. my insurance company says I can't remove the vehicle until I contact DMV to turn in the tags. So i'm still paying insurance on a car that i don't have or want.
appreciate you guys offering advice.

thanks much.
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Old Mar 10, 2007, 04:30 PM   #7  
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personally just don't pay for the insurance if you are paying monthly or if the bill is due, what is the DMV going to do, cancell the tag??
Insurance company giving you the run around, Now I am in TN but I add cars, take cars off insurance and the such and do it all over the phone with my agent. So personally I think insurance company is lying so they can keep getting thier money ( give DMV a call and talk to them and explain to them)
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Old Mar 15, 2007, 05:01 PM   #8  
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Its normal for places to charge a "storage/parking" fee, especially if its been 2 months, so I think you may have to pay that bill, as they are technically providing a service, its no different then people who live in New York and pay a great price to park there cars in the city.
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