[OreoGitorio]

An asshole buddy of mine (aka, best friends of 14 years) unsucessfully tried to "steal" his car back from a tow yard w/o paying but they stopped him before he got out... he wanted to try this a couple weeks ago but didn't... i told him he was a friggin idiot for even trying cuz they have his plate number, he legally owes them money and they can totally fuck him if he gets it out (Theft of service?). He says "no way".

Knowledgable people or those w/ personal experience, please discuss. I wanna tell him how much of a friggin retard he really is and how much shit he'll get in if he pulls it off.

[NinjaSwan]

Was it impounded by the police?

[OreoGitorio]

It was towed from a grociery store parking lot... sign said "parking for customers only"... he wasn't a customer.

[NinjaSwan]

I'm no lawyer but your buddy there is dumb. He wasnt succesfful tho right so the car is still in the lot???

if so being private property = tresspassing is probably all the got on him.

and possible grand theft auto now that I think about it...

[OreoGitorio]

no, he paid & got it out... I wanna find out what can happen if he does get it out w/o paying though cuz he's being a total retard & thinks they'll just be like "oops, aw shucks, he got away... guess we'll just throw out this invoice with his registration on it cuz there's no gettin him now, oh well"

so... what can he be charged with and what are the consequences?

Trespassing is one.... what else

[NinjaSwan]

Originally posted by OreoGaborio
no, he paid & got it out... I wanna find out what can happen if he does get it out w/o paying though cuz he's being a total retard & thinks they'll just be like "oops, aw shucks, he got away... guess we'll just throw out this invoice with his registration on it cuz there's no gettin him now, oh well"

oh okay, i read it wrong... Yeah he would be fuked. First they would call the cops. then the cops would arrest him. He goes to court and ends up paying ten times more than what it cost to get the car out... I doubt any jail time but fines up the arse. Depends on his record.

[OreoGitorio]

exactly, now who knows the details of what he would be charged with and how much it would cost him?

I'm googling like a mad man trying to find some info on this to show him how much of an asshat he's being.

[NinjaSwan]

most of our detail guru's are probably out and about right now... I'm intersted to see the responces.

[OreoGitorio]

so do I, now shut up & let them get a word in

[NinjaSwan]

Originally posted by OreoGaborio
so do I, now shut up & let them get a word in

, good luck.

[ChrisNoF4i]

Originally posted by OreoGaborio
exactly, now who knows the details of what he would be charged with and how much it would cost him?

I'm googling like a mad man trying to find some info on this to show him how much of an asshat he's being.

You should take him on the Judge Mathis show. That will teach him.


Edit: Fo' sho!

[RandyO]

many many moons ago, I worked for a towing company

we had municipal contracts for towing illegally parked cars, snow removal, etc. , as well as private contracts.

once the vehicle was on our hooks, we owned it till our tow fee and storage was paid

we has several people "try" to steal their vehicles

one of our impound lots was chain link fenced on 3 sides and the other side was a 4' high retaining wall, one person tried driving his car over the 4' drop off to the street


we even impounded a US marshals car once from a private lot, we used to make a killing at a private lot that was next to the county courthouse/welfare office/unemployment office, especially on Tuesdays after a Monday holiday.

the lot was clearly marked no parking, tennants only, violators will be towed, huge signs on each side of the entrance with 2 or 3 tow trucks parked in the lot, people would still park there (including the US Marshall who thought he had special priveliges)

we ended up owning a lot of cars as they were not claimed after 30 days, but most of them were junk and not worth the towing & storage fees , still, we stripped them parted them, someitmes found all kinds of cash under the seats

anybody that tried stealing their car back or even tried getting stuff out of their car, was charged with trespassing, we had surveilence cameras and we just called the cops when we found evidence of tresspass, the police were very responsive, as we were when they requested a tow

[RandyO]

I should add, trespass is a misdemeanor, punishable with jail time, although sentance is usually suspended

[OreoGitorio]

thanks Randy...

Aight, so you can pretty much be guaranteed a trespassing charge... what happens if you actually get your car outta there w/o paying? any idea?

Does the towing company really legally own it and therefore you can get nailed for auto theft?

[OreoGitorio]

Chatted it up w/ a co-worker who works part time... his full time job is Business Law...

He said as soon as the car is towed a mechanic's lien is placed on the car & your property ownership rights are temporarily suspended untill you pay for the "services"... if you go on their property (trespassing) in an attempt to take it back (CRIMINAL trespassing) and make it outta the lot (larceny/theft of service)... you're pretty much fucked.

[pinkchik71]

Your buddy sounds about right. My second home was a junkyard for quite a while back in the day. Yes, the tow company legally owns the vehicle till all fees are paid in full and they release the vehicle. Any tampering with the car or being on the property without the consent of the yard constitutes tresspass. There's nothing your buddy can do until he pays the junkyard fees.

[Stoneman]

Your buddy would get fooked. Towing companies have MANY laws protecting them from shit like this nowadays. I don't know the specific charges they'd levy against him. But assure him he'd get porked, and probably get a slew of charges brought up against him...

[Currently]

Now let us know what happens ...

[ChrisNoF4i]

Originally posted by OreoGaborio
no, he paid & got it out...

That's not illegal.

[Honclfibr]

It's a good thing you asked this question on (at least) two different motorcycle forums, because otherwise the world might never know what would have happened to your friend if he had done what he didn't do. And that would be tragic

[OreoGitorio]

Originally posted by Honclfibr
It's a good thing you asked this question on (at least) two different motorcycle forums, because otherwise the world might never know what would have happened to your friend if he had done what he didn't do. And that would be tragic

I know there's a couple law types on NESR, I know there's a couple law types on ODFU.... so FU

[dave72370]

Pete,

You sure that this is for a "friend"???

hmmm

I wonder

[Degsy]

I have a motorcycle in my yard that I towed. It has sat at my place for 2 years. I now have a bill in to American Honda for $16000 because they owner didn't pay me for storage and Honda own the bike because the owner didn't make payments either. American Honda have admitted to me that they cannot take the bike from me, that would be theft (grand theft auto). They have also admitted that technically, they owe me storage if they want the bike back, as does the registered owner. I would say legally, your friend is fucked if he tries to take the bike back from the tow yard without paying their bill.

derek

[KevinB]

Its probably cost the towing company more money and aggravation. Its no different than getting stiffed at any type of job.Tthe time you waste trying to collect on one bad customer, they could tow ten more cars.

[RandyO]

Originally posted by KevinB
Its probably cost the towing company more money and aggravation. Its no different than getting stiffed at any type of job.Tthe time you waste trying to collect on one bad customer, they could tow ten more cars.

hows that?, if they have posession of the vehicle? they can't get stiffed, if someone steals their own car, it only cost them a phone call to the PD, and the state picks up the tab for procecution and because the tow company has a lien on the vehicle, they have every right to steal it back, with the backing of law enforcement