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Impounded Vehicle Sold Without Notice

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  • 09-03-2009, 08:38 PM
    mommyfisher
    Impounded Vehicle Sold Without Notice
    My question involves vehicle registration or title in the state of: colorado

    Vehicle was towed as "abandoned" from a private lot. It was registered in another state. We called the tow company and they said it would be a huge dollar amt to get the car out. We told them we had to get the money together - this would take awhile. They didn't give us a time frame or take contact info. We called 2 months later to get a dollar total and, of course, owed huge dollars. We told them again, we are getting the money together and would be in to get the car when we had it. We were not told anything about a time limit or asked for contact info. We went in today to get the car. It had been sold. They sent a certified letter to the address on the reg - the mail forward had expired and someone at the old address signed for the letter. NOT a registered owner. There was also a lienholder listed on the reg, the tow co said they sent a certified letter to them and got no response. We called the lienholder (a major company) and they had no record of receiving anything on the vehicle.

    Did they cover themselves with one signature that did not belong to a registered owner? Was this a legal sale? I don't know the necessary steps they had to take to sell it legally. Wouldn't they have to get a response from the lienholder, at least?

    This car belongs to a wounded vet and his 4 month pregnant wife. My kids. I am furious as this sounds VERY shady to me. They had just moved out here when he was medically retired from the service. If this company operated in a legit manner, fine, but it doesn't sound that way to me. HELP!!
  • 09-08-2009, 09:19 AM
    Mr. Knowitall
    Re: Impounded Vehicle Sold Without Notice
    If they provided notice as required by the law, then they protected themselves.
    Quote:

    Quoting Colorado Statutes, Sec. 42-4-1806. Liens upon towed motor vehicles.
    (1) Whenever an operator who is registered with the department in accordance with subsection (2) of this section recovers, removes, or stores a motor vehicle upon instructions from any duly authorized law enforcement agency or peace officer who has determined that such motor vehicle is an abandoned motor vehicle, such operator shall have a possessory lien, subject to the provisions of section 42-4-1804 (6), upon such motor vehicle and its attached accessories or equipment for all fees for recovering, towing, and storage as authorized in section 42-4-1809 (2) (a). Such lien shall be a first and prior lien on the motor vehicle, and such lien shall be satisfied before all other charges against such motor vehicle.

    (2)
    (a) No operator shall have a possessory lien upon a motor vehicle described in subsection (1) of this section unless said operator is registered with the department. Such registration shall include the following information:
    (I) The location of the operator's tow business;

    (II) The hours of operation of the operator's tow business;

    (III) The location of the impound lot where vehicles may be claimed by the owner of record; and

    (IV) Any information relating to a violation of any provision contained in this part 18 or of any other state law or rule relating to the operation, theft, or transfer of motor vehicles.
    (b) The executive director of the department may cancel the registration of any operator if an administrative law judge finds, after affording the operator due notice and an opportunity to be heard, that the operator has violated any of the provisions set forth in this part 18.

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