Can a Florida Towing Company Sell My Car?

It happens to the best of us. You head out to the city, a friend’s house, a sporting event, etc., and you leave your car parked either in a private or public parking spot. You head out, enjoy your day, but when you get back to where your car is supposed to be, it’s nowhere to be found! Even worse, when you get in contact with the towing company that towed your car, they say that they are going to sell your vehicle! While this situation might seem like a nightmare, there are steps that can help you get your vehicle back and your life back on track.

Step 1: Check Your Inbox

Florida law provides that any person or business regularly engaged in the business of towing vehicles who comes into possession of a vehicle upon instruction, who then claims a lien for recover of its services is required to give notice, by certified mail, to the registered owner of the vehicle and all others claiming a lien thereon. This notice of lien must be sent within 7 business days after the date of storage, and in no event can this notice be sent less than 30 days before the sale of the vehicle.

If you have received this document, the clock is ticking. While it may seem impossible, your actions in the next few days can be the difference between keeping or losing your vehicle!

Step 2: Contact the Towing Company

If you haven’t done so already, once you receive a Notice of Claim of Lien from a towing company you should contact them to get the following information:

• The location where your vehicle is being stored;
• The current towing and storage fees;
• Any documents required to retrieve your vehicle.

NOTE: Some towing companies may impose requirements that are not authorized by law however this is dependent on the county, and occasionally the city that you are located.

Step 3: Contact an Attorney

Florida law has specific timing requirements for certain actions that you may bring if you challenge:

• The towing’s company’s right to have towed your vehicle;
• The fees being charged to retrieve your vehicle;
• Additional requirements imposed by the towing company to retrieve your vehicle;
• The towing company refusing to allow you access to your vehicle;

Bonus: What Do I Do If My Car Was Already Towed?

If you find yourself in the unfortunate place of having your vehicle sold my the towing company, it is important that your still contact an attorney. There are still protections in the law and actions that you can take which will allow you to recoup some or even all of the value of your vehicle.

For more expert legal guidance on this issue, contact one of our experienced civil trial attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.