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  1. #1
    Join Date
    May 2009
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    3

    Default Car Was Towed and Eventually Auctioned Off

    My question involves towing laws for the State of: Indiana. I had a 'friend' take my car to an auto shop to be repaired. Over the course of several months I tried contacting this person and was told the car was at the shop. I called the shop and the owner told me that the car was no longer there. I called the police department and they told me that the car was impounded and where it was taken to. I called the tow yard and they told me that the 'friend' was arrested while driving my car and the car was towed and brought there. They auctioned it off by the time I had learned about this and called.

    The plates on the car were registered in IL. I believe the sticker needed to be renewed, however there was an insurance card in the car as well as a notice of emissions testing. I find it hard to believe that no one contacting the owner of the car, me. I would have liked to have the opportunity to have the decision to pay the fines or not, versus just having my car sold. Please advise what my options are at this point.

    Btw, this may not be in the right topic, if that is the case I apoligize. Please let me know which category would better fit my problem. Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Car Was Towed and Eventually Auctioned Off

    Are you stating that you were living at the address to which the car was registered and that you didn't receive notice? Because that's where a notice would have been sent.

  3. #3
    Join Date
    May 2009
    Posts
    3

    Default Re: Car Was Towed and Eventually Auctioned Off

    Yes that is exactly what I am saying. Which is partly why I am so frustrated. The police in IN said there was no registration in the car, however, the plates should have been on the car and as I stated earlier there was a notice and insurance card.

    I'm quite sure when they ran the plates, they knew the car was registered to someone other than the person driving.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Car Was Towed and Eventually Auctioned Off

    Who knows what was left in the car by the time things reached this point.
    Quote Quoting IC 9-22-5-5. Examination by sheriff of application; sheriff's notice; posting, publication, and mailing of notice
    (a) The sheriff shall examine each application made under section 2 of this chapter. If the sheriff finds that the application:
    (1) is executed in proper form; and

    (2) shows that the motor vehicle described in the application has been abandoned upon the property of the person making the application or that the person making the application is the person who owns the motor vehicle;
    the sheriff shall prepare a written notice.
    (b) The notice required under subsection (a) must include the following information:
    (1) The name and address of the applicant.

    (2) The year, make, model, and engine number of the motor vehicle, if ascertainable, together with any other identifying features of the motor vehicle.

    (3) That the motor vehicle has been abandoned, that the title to the motor vehicle is lost or destroyed, or that there is a defect of the title in the person who owns the motor vehicle.

    (4) That the motor vehicle will be sold for scrap metal unless a claim or protest is made.
    (c) The sheriff shall, within five (5) days after receiving an application required under section 2 of this chapter, cause the notice required under subsection (a) to be distributed as follows:
    (1) Posted at the door of the courthouse for a period of thirty (30) days before sale.

    (2) Published once in a newspaper of general circulation of the county in which the motor vehicle is located at least thirty (30) days before sale.

    (3) Sent to the last person who owned the motor vehicle, if known.
    Your friend, of course, is the real culprit. Did you ever prosecute him for this?

  5. #5
    Join Date
    May 2009
    Posts
    3

    Default Re: Car Was Towed and Eventually Auctioned Off

    No I didn't, I just found this all out a couple days ago. I haven't done anything yet. I was trying to find out what to do and what my options are. I know no one is going to admit to any fault or wrong doing, and I am not sure how much is going to cost me to prove it and if it's worth it.

    When someone is pulled over in a car and arrested why wouldn't they assume that the car was stolen or at least treat it that way until proven otherwise?

    Any advice on what steps to take would be great.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Car Was Towed and Eventually Auctioned Off

    Quote Quoting alexei23
    View Post
    When someone is pulled over in a car and arrested why wouldn't they assume that the car was stolen or at least treat it that way until proven otherwise?
    One could also ponder that if a car is stolen, the owner would almost always report it stolen...

    If the officer who pulled over your "friend" ran the vehicle plate number and it had not been reported stolen they are under no obligation to try contacting the registered owner.

    Once it came time to sell it... yeah, the tow company most certainly should have...

    How much was the car worth? That should give you an idea if it is worth pursuing or not!

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