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  1. #1
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    Oct 2016
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    Default Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    My question involves collection proceedings in the State of: Nevada
    Mr. Smith’s full-sized SUV was in an accident and fell on its side. I towed the vehicle to my lot. When Mr. Smith came to pick up the vehicle, I told him it was $550 cash to release the vehicle plus additional towing since a rim was broken. Mr. Smith said he did not have the money and e-mailed and wrote that he wanted to give up the vehicle in lieu of the fees. A few weeks later, I held an auction and sold the car to my friend Mr. Doe for $5.00. He was the only one who showed up at the auction. Two years have passed since the auction. Can I sue Mr. Smith for the following: storage fees $1327.50, towing and cleanup $445.50, liens $200.00, auction prep fee $400.00, less $5.00 for the sale of the vehicle for a grand total of 2358.00?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    Sure, you can sue, but you won't win.

    The judge will see right through your scam and might even hit you with penalties.

    There's probably a low life criminal act in there someplace, too.

    Forget it.

  3. #3
    Join Date
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    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    Quote Quoting NRS 487.270.  Lien on abandoned vehicle; costs and fees included in lien; satisfaction of lien; transmission of fee to constable under certain circumstances.
    1.  Whenever a vehicle has been removed to a garage or other place as provided by NRS 487.230, the owner of the garage or the automobile wrecker who towed the vehicle has a lien on the vehicle for:

    (a) The costs of towing and storing for a period not exceeding 90 days; and

    (b) If the vehicle was removed from public property at the request of a constable, the fee described in paragraph (d) of subsection 2 of NRS 258.125.

    2.  If the vehicle is appraised at a value of $500 or less and is not reclaimed within the period prescribed in NRS 487.250, the owner of the garage or automobile wrecker may satisfy his or her lien by retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

    3.  If the vehicle is appraised at a value of more than $500 and is not reclaimed within 45 days, the owner of the garage or automobile wrecker may satisfy his or her lien, in accordance with the provisions of NRS 108.265 to 108.367, inclusive. Before such a person may sell the vehicle, the person shall obtain a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810.

    4.  If the vehicle was removed from public property at the request of a constable and the owner of the garage or automobile wrecker satisfies his or her lien pursuant to subsection 2 or 3, the owner of the garage or automobile wrecker shall transmit to the constable the fee described in paragraph (d) of subsection 2 of NRS 258.125.
    The statute gives you the remedy of obtaining title of the vehicle if the vehicle is worth less than $500. You say it was worth $5, as established by auction, so you got your money.

  4. #4
    Join Date
    Oct 2016
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    3

    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    You guys are a bunch of idiots. I do not work for free and neither do you.

    If Mr. Smith can’t afford a mere $550.00 cash plus maybe an additional $200.00 to tow his SUV to his house, then that is Mr. Smith’s fault and he deserves to lose his car and suffer whatever comes next.

    Now maybe the car sold a little below market value, but I challenge you to find an NRS rule that says I have to give a darn about the sales price. Anyway, the vehicle was damaged, it had a broken rim, broken side view mirror and broken window. Despite the fact that the vehicle had some functioning parts (a functioning engine, transmission, brakes, airbags, AC, stereo, three tires, a full-sized spare, a jack, a battery etc.), the $5.00 price is a fair price. Here is a picture of the vehicle, the white Blazer. http://68.224.106.197:8080/SUV_damage.pdf

    Also, there is no need to notify Mr. Smith that I can add additional storage fees, liens, and a $400 auction prep fee to the bill. I challenge you to find an NRS rule that says I have to notify Mr. Smith of additional charges and how much I can change. I am sure a judge would favor my side.

    I need to recover the towing fee, storage fees and the $400 auction prep fee. So unless you can find an NRS rule that states I cannot sue him, then I will sue him, garnish his wages, draw money from his bank account and put liens on his property, whatever it takes. I am sure you would do the same if somebody owes you money.

  5. #5
    Join Date
    Jan 2006
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    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    As you were told, along with the law cited for you; you have exercised your actions available to recoup your costs.


    And any car car is worth several hundred dollars as scrap alone. Your $5 sales price is obviously designed to be a scam.

  6. #6
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    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    It's not your fault if you're not very bright, but being of less than ideal intelligence is not an excuse for being rude.

    Before you can sell a vehicle to satisfy a lien, you need to know its appraised value. Your subsequent rights depend upon the appraised value of the vehicle. But let's go with your contention that an appraiser would have come up with a @$5 value.

    As you were told, if this is a $5 vehicle, that means that your entire lien for the vehicle is satisfied by your "retaining the vehicle and obtaining a certificate pursuant to NRS 487.880, if applicable, or a salvage title as provided in NRS 487.810". If you took that step -- and I doubt that you did -- then that's the end of your lien. Whether you subsequently spend $0, $100, or $1,000,000 on getting your car ready for sale and in selling your car, that money comes out of your pocket.

    If the vehicle is appraised at $500 or more, then your lien is satisfied by your conducting a sale as described in the statute. Whether you spend $0, $100, or $1,000,000 on getting the car ready for sale and in selling the car, that money is subsumed into the lien. If your appraiser indicates that a car is worth $500, but you choose to sell it for $5, then the cost of getting the car ready for sale and selling the vehicle once again is again going to come out of your pocket.

    By all appearances, you chose not to follow the law when you sold the vehicle, and you chose to conduct a sham sale in which the car was sold for far less than value. Had you chosen a more sensible approach, you could have recovered some or all of the costs you claim through the sale. But you didn't, so even if I believed that you spent a penny getting the car ready for sale (and I don't), that's your problem and not a problem of the former owner of the vehicle.

    You haven't told us how you came to be the person who towed the vehicle from the accident scene. It may be that you have a contractual claim for a towing fee, and possible for some storage fees, based upon how the towing occurred. But you're not going to get a penny for your clean-up and sale charges, and you can expect that a court will apply the reasonable value of the vehicle when determining the actual value of your claim. That is, you may end up recovering nothing or, if he has the sense to file a counterclaim, you may even end up owing money to the car owner.

  7. #7
    Join Date
    Nov 2013
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    in alto mare
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    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    You sound like one of those bandit tow truck operations that has caught the attention of law enforcement in the past several years.

    How was it that an SUV with many intact, resellable parts, only sold at auction for five bucks?

    Go sue...but the judge might rip you a new one, the defendant hopefully will notify his insurance company and the cops and you'll be investigated.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue a Car Owner for a Car I Towed and Auctioned Off

    The statements in your link and the fact the blazer was sold to a friend clearly proves the auction was not executed properly resulting in an arms length transaction.

    Ya, go ahead and sue. I'm sure a judge will be interested in your situation although probably not in the way you want one to have interest.

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