Can a Towing Company Report My Vehicle Stolen if I Refuse to Pay

**tpa86** · 03-23-2009, 10:51 AM

My question involves towing laws for the State of: Maryland

I am a Florida resident; I drove up to MD to visit my mother on my way to CT to visit some other family. While at my mother's apartment complex, my vehicle was towed for having expired plates. I contacted the towing company to find the location of my vehicle, I went to the tow lot where someone had foolishly left the gate unlocked, I proceeded to my vehicle and drove away. The next day I got a call from the towing company (I assumed he got my number from a Caller ID from calling the day before), the man identified himself as the owner and said that the day before my car had been removed and he needed to know whether or not he should report it stolen. I told him "no," at which point he threatened me that I owed him money for towing and impound fees, I told him no, because my vehicle should not have been towed in the first place. After much arguing, he said if I didn't pay him the money he would report my vehicle stolen because I owed him money.

My question is: Can a towing company (or anyone besides the owner) report a vehicle stolen? It seems like if a police officer stopped me, he would see that my license matches my registration as well as my plate number. If anyone has a similar situation or direct knowledge of towing laws I would love to hear from you. Thanks.

**Mr. Knowitall** · 03-24-2009, 08:17 PM

Of course he can report it stolen. When the police find out that it is in the possession of the owner, though, they'll stop investigating the theft claim. A more convincing threat might be to threaten you with trespass charges.

Were your plates expired or not? If not, why did they think your plates were expired?

**tpa86** · 04-10-2009, 01:00 PM

Quoting Mr. Knowitall

Of course he can report it stolen. When the police find out that it is in the possession of the owner, though, they'll stop investigating the theft claim. A more convincing threat might be to threaten you with trespass charges.

Were your plates expired or not? If not, why did they think your plates were expired?

Sorry, I did not reply sooner I thought I would get an email from EL whenever someone submitted an answer. The owner of the tow lot contacted the police to report the vehicle stolen, an officer came to speak with me and said he would take the vehicle out of the system as stolen but that he would have to charge me with trespassing and I would be assigned a court date.

My next course of action is to sue the apartment complex because according to MD law section 30(b)3a the apartment complex did not post that a vehicle can be towed if the plates are expired and section 30(b)6 not posting a notice on the vehicle that the vehicle will be towed, state the violation and not tow the vehicle before 48 hours after posting said notice. This will also be basis for pleading not guilty in the trespassing charge.

**EWYLTJ** · 04-10-2009, 04:08 PM

So... the vehicle was towed by the authority of the apartment complex??? Wow... that's pretty tough.

First off... was your tag expired (not that it really matters). Second, why did you even answer the phone when the towing company called???

I think the towing company has a legitimate claim against you. However, you have a legitimate claim against the apartment complex. The problem is, the claim you have is just civil. The claim the towing company has is civil AND criminal. So, you could be fined criminally and sued for recovery of towing fees civilly. The only relief you can get is from the towing fees if you make a small claims court case.

I think the best way to deal with it is to get out of the legal system. Go complain to the apartment complex manager. Tell him your car was towed illegally (show the statute) and insist that he pay the towing fees. You can always threaten legal action if he doesn't. The only question is... will he do the right thing? If he calls your bluff, then you need to pay the towing fee and sue the apartment complex for that recovery. However, since you are from out of town... you may have just gotten screwed.