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  1. #1

    Unhappy Vehicle Tow and Storage Fees

    My question involves judgment recovery in the State of: New York

    My car was towed a few months back for unpaid parking tickets. I offered to pay the total amount to the Marshal with my Visa. The Marshal told me that they do not accept Visa. At that point, the total debt (parking tickets and all fees) were roughly $900.

    A friend of mine was trying to help me and got a "sale hold" until now, however, my only source of income is Social Security Disability ($1100/mo). I have arranged a payment plan with the NYC Dept. of Finance for the parking tickets, but now I am being told by the Marshal that I need to pay upwards of $2800 IN CASH in order to get my car back or they will sell my car later this week. That $2800 is just for fees for the Marshal and storage, the parking tickets are a whole different story.

    The car does not actually belong to me, my father is the title holder (the car is registered to me). The Marshal said that he sent a certified letter to my father's address, but he actually sent that letter to a house that my father moved out of more than 6 years ago.

    Something about this seems really fishy to me. It seems odd that the Marshal wouldn't accept Visa (they accept MC, AmEx, and Discover) when my car first got towed, and now they are demanding payment in cash.

    Can the Marshal sell a car that is not mine, in order to pay their own fees? I thought the whole purpose of towing was to ensure that I would pay the city (which I am).

    As someone who is disabled, do I have any protections?

    ***to clarify: I have a psychiatric disability, not a mobility impairment***

    Please help!! Thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Vehicle Tow and Storage Fees

    If your father didn't update the address for the registration of the vehicle, notices will go to the wrong address. That's one of the reasons it's important to follow the law and keep the registration current.

    Yes, they can sell a vehicle they have towed when the owner doesn't pay the towing and storage fees, even if somebody else parked the vehicle illegally.

    I'm not sure what type of "protections" you believe you should get due to your disability, but as it's not your car (it's your father's car) they would be irrelevant to his situation.

    If you are prepared to present a credit card that would previously have been acceptable, but they won't accept it, ask why not and relate the answer here.

    You should clarify with the impound lot that they will let you take the car, being as you're not the registered owner, and if they require anything from the registered owner (e.g., a Power of Attorney from your father authorizing you to retrieve the car) before they'll release the car to you.

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