[boonjava]

Thanks for creating a forum where people can discuss all kinds of legal matters. I really appreciate the chance to seek informal advice in a setting like this.

In August, I wore out the bearings in the engine of my worn out '87 Supra and couldn't drive it. I went to the DMV near the end of the month and filed my intent to render it inoperable. Long story short, before I could junk it, the car was impounded and I was so broke and tired, I decided not to bother getting it back. Somehow, the tow company, Anytime towing, managed to appraise it as being worth more than $300. It was held for over a month and then "sold".

3 weeks ago, I got a letter from Rickenbacker Collections on behalf of Anytime Towing for $1060.29. I promptly demanded:
-An itemized towing/storage bill
-Contact information of the buyer
-Copy of Bill of Sale
-A description of the method of appraisal

I got a letter from the collections agency 2 days ago, saying that my dispute was invalid and that I should get in touch with them ASAP to settle my debt.

They were kind enough, however, to include a copy of the REG 168A form (Certification of Lien Sale for Vehicle Valued $4000 or less) and a copy of the information given to the towing company by the DMV. I looked closely at the copy of the REG 168A I was given and noticed that the name of the buyer was omitted completely, and the form was filled in the way it is supposed to if no qualifying bid was met at the auction, implying the tow company kept my car. Also, the price at which the car was sold was also conspicuously missing. Actually, no, that's not true... it was written with a pen, but far, far away from the field that should have been filled out, so was the remaining debt owed by the registered owner.

I was at work this morning when I got a call on my cel phone from someone at Anytime Towing, seeking to "help" out with anything I might have found unclear. I told him all I wanted was what I clearly stated in my letter. He told me the only way they could release the buyer's information was through a subpoena, and they would be willing to go to court, but that it was sold to Pick-Your-Part, a scrap/parts yard. He urged me to settle my debt with Rickenbackers, saying that he was surprised I was paying so little (the collections company added $0.29 to the money owed).

I've been doing some desperate research and I found that Pick-Your-Part/Rickenbacker collections had to pay the city of San Francisco a hefty sum of money for basically defrauding the city by under-reporting figures from impounds/sales.

Am I right to be a little suspicious? Should I probe further?
Thanks for your input.

-T.

[Mr. Knowitall]

You're right to be suspicious, although you kind of walked into this one.... It is quite possible that they have a scheme whereby they get an exaggerated appraisal or self-deal, such that they can stick people for the maximum possible storage fees.

I would investigate further.

[boonjava]

How would you suggest I proceed? Is there any information I can request from the DMV, or should I look for a lawyer?

Also, is it legal for them to demand a payment through a collections agency without sending me an actual bill... and refusing to send one after I asked?

[Mr. Knowitall]

I would personally check with the DMV to see if you can obtain the title transfer information based upon the vehicle's VIN, and any associated documention of the sale or sale price which may have been submitted at that time.

[aprilfoolz]

Has there been any updates? I just got a letter from them and I was never the registered owner of the vehicle listed in the letter.

[ddz]

The easiest way to clear these situations up is to obtain the VIN# of the vehicle you are being contacted about. With that information, you can go to the DMV and request a copy of the Release of Liability or Non-Op paperwork to provide to the collection agency (or police dept. if the vehicle was ticketed). That paperwork will show the date you released interest in the vehicle and should resolve any issues of you being responsible for the vehicle on the date it was towed/ticketed. If you never filed your paperwork, which I believe should be filed within 5 days of the sale, you should still file your paperwork with the DMV. Make sure you give the DMV the form in person, have them stamp it, and give you a copy back as proof that they have accepted your release. If you don't, you will most likely continue to be the party contacted whenever the vehicle is ticketed, towed, or involved in an accident.

Good Luck!

http://www.dmv.ca.gov/forms/formsmost.htm

[BayAreaKid26]

Here's a link to the City of SF's settlement with Rickenbacker and PYP towing:

http://66.102.7.104/search?q=cache:Z...s&ct=clnk&cd=5

There's a good chance that the behavior of this towing company and Rickenbacker were not isolated to SF and this lone case. My car was towed in San Diego (a car I sold a year previous).

Please post the location your car was towed and the towing company. We should try to see where Rickenbacker is operating and if enough of us link up and can show systematic fruad, we've got a chance to help ourselves (and a lot of other poor souls).

PS. My new life's project is to fight Rickenbacker. So email me and I will do my best to help you.

[BayAreaKid26]

I have started a myspace page on the founding priniciples:

Rickenbacker succeeds because:
1) you do not know towing, lien sale, or collection laws
2) you don't know anyone else who is also being hounded by Rickenbacker

We can change that.
http://www.myspace.com/stoprickenbacker

[gmaddox]

I'm from Chicago.
This also happened to me. My car wasn't even sitting for 2 days.
It was drivable. Not even broke down. This happened over a year
ago.

At first I thought the City of Chicago ordered it to be towed due to tickets.
But they said they knew nothing about it.
Anyway I recieved nothing lettingme know where it was, afterward they said they sold it for $350 and that the remaining impoundment balance was
$2800.
Rickenbacker based in California is trying to collect the money for Lincoln Towing.
I actually don't know what to do.
I'm almost about to pay because it's screwing my credit.
Any ideas?

[gmaddox]

Agian this happened here in Chicago.