in order to junk the car

[kihun_cha]

well long story to short story

the owner of the car left a car at the gas station to fix but never came back so after couple of a month, the owner of the gas station junked the car..

does the owner of the gas station have to have a record where the car went?
is this against the law? what should he have done instead of junking the car?

[valycop]

well long story to short story

the owner of the car left a car at the gas station to fix but never came back so after couple of a month, the owner of the gas station junked the car..

does the owner of the gas station have to have a record where the car went?
is this against the law? what should he have done instead of junking the car?

I have to assume facts not in evidence to your questions; and keep in mind I'm basing the answers as Virginia law relates to this situation.

Most garages (again using my area as an example) start charging storage after a certain period of time that a vehicle is left on their lot. The garage has a right to collect the fees and any outstanding bill for repair that he may hold for that car. The station owner will notify the owner in writing, sent certified mail-return receipt, to the owner stating come get your car within the next three or seven days (towing charges are seven days) or a mechanics lein will be placed against the title.

Now, the owner fails to respond to the notice and the car continues to sit and accumulate storage fees. The station owner files for and receives a mechanics lein. The station owner may then dispose of the vehicle at auction. The station owner is not required to inform the previous owner to whom the car was sold or even who the auction company that conducted the auction.

In addition, if the vehicle is not repaired by the station owner and is not in running condition he has the ability to advise the DMV that the car is a "salvage" vehicle and the DMV will note that against the VIN.

Here is Virginia's civil code section.

§ 43-32. Lien of keeper of livery stable, garage, marina, etc.

A. Every keeper of a livery stable, hangar, tie-down, marina, or garage, and every person pasturing or keeping any horses or other animals, vehicles, boats, aircraft, or harness, shall have a lien upon such horses and other animals, vehicles, boats, aircraft, and harness, for the amount which may be due him for the keeping, supporting, and care thereof, until such amount is paid.

B. In the case of any boat, aircraft, or vehicle subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the marina, hangar, tie-down, or garage shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 43-33 not to exceed $800. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Motor Vehicles or the Department of Game and Inland Fisheries by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Motor Vehicles or the Department of Game and Inland Fisheries within three business days of taking possession of the boat, aircraft or vehicle. If the secured party does not, within three business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full $500. Notwithstanding a redelivery, the vehicle or watercraft shall be subject to subsection D.

C. In addition, any person furnishing services involving the towing and recovery of a boat, aircraft or vehicle, shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the boat, aircraft or vehicle by certified mail, return receipt requested, to all secured parties of record at the Department of Motor Vehicles or the Department of Game and Inland Fisheries.

D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens, and may retain possession of such property until such charges are paid.

E. Any lien created under this section shall not extend to any personal property which is not attached to or considered to be necessary for the proper operation of any motor vehicle, and it shall be the duty of any keeper of such personal property to return it to the owner if the owner claims the items prior to auction.

F. For the purposes of this section, in the case of a truck or combination of vehicles, the owner or in the case of a rented or leased vehicle, the lessee of the truck or tractor truck shall be liable for the costs of the towing, recovery, and storage of the cargo and of any trailer or semitrailer in the combination. Nothing in this subsection, however, shall bar the owner of the truck or tractor truck from subsequently seeking to recover from the owner of any trailer, semitrailer, or cargo all or any portion of these towing, recovery, and storage costs.

(Code 1919, § 6445; 1968, c. 320; 1970, c. 56; 1976, c. 77; 1977, c. 382; 1981, c. 453; 1984, c. 396; 1988, c. 120; 1990, c. 665; 1992, c. 403; 1999, c. 533; 2004, c. 215; 2005, c. 98.)

I feel certain that New Jersey has similar laws.

[kihun_cha]

thank you for the reply but i dont think i found the answer.. i wanted to know if the GAS station owner have to have a record where the car has be junked.. i called him and he has NO CLUE where the car went...

[valycop]

thank you for the reply but i dont think i found the answer.. i wanted to know if the GAS station owner have to have a record where the car has be junked.. i called him and he has NO CLUE where the car went...

Okay heres an excellent search engine on state law:


http://lp.findlaw.com/

[mcsap]

My state has an abandoned vehicle law that after 15 days , the property owner can call me and request that I declare it abandoned. I fil out the paperwork, have the prop owner sign , have a state salvor remove the car and than store it for 30 days. During the 30 days , the DMV sends the registered owner a letter telling them their car was abandoned and they have 30 days to reclaim it ( and pay the costs ) or forever lose it.

At the end of the 30 days if it is unclaimed, the salvor gets a new title ( all liens are erased) and can do whatever he wants with it.

There is also a traffic cite that goes to the car owner.

1st offense is a $500 fine.

2nd offense is a $1,000 fine.

3rd offense is a Misd 3 Criminal charge involving fingerprints, photos and a criminal record.

The property owner pays absolutely nothing for this to occur.

Your state law may vary.

[Radical Jack]

does the owner of the gas station have to have a record where the car went?
is this against the law? what should he have done instead of junking the car?

Questions the gas station owner probably should have asked before he junked the car.:D

[Because I Can]

Perhaps leaving the car at a gas station for two months was not a good idea. :rolleyes:

Here, the owner of the gas station would call us and we would mark the car for a 72hr violation and then impound the car.

Jim

[kihun_cha]

the gas station owner is really shady right now. the reason why i'm trying to find this out is b/c the owner of the SUV left her car at the gas station to fix the car and later on the gas station owner wanted to buy the car so the owner was waiting til she gets the paper work done.. but in other hand the gas station owner is telling me that the SUV was there for couple of a months, and they could not contact the owner so they just called tow truck and junk the car.

but i asked him where did you junk the car?
he said no idea
and i asked him.. What tow truck did you called?
he said no idea they just took the car


all this causes the guy took the car out of somewhere and left the SUV infront of my house as a collectoral damage for my 3500 dollar.. he left a original keys and original alarm and i checked the CARFAX the day he left a car and it was CLEAN and not stolen..

[Legoate]

You left a car on private property for two months? You'd be lucky if you were allowed to leave your junked on private property for two days around here without it either being stolen or towed.

Take some responsibility for your own piece of junk and don't leave it on other people's property.

[kihun_cha]

uhm no i didn't do it.. before you post please read the thread

[Legoate]

uhm no i didn't do it.. before you post please read the thread

So a mystery person left a car on private property and it was towed by the property owner. You are in no way involved.

Why do you care?

I read your original post- but your post is poorly written and doesn't make a whole lot of sense so I was attempting to translate it in my mind so it made sense.

[Legoate]

I didn't realize until I read some of your past posts that you are the same person who kept posting about taking an SUV as collateral then refusing to listen to any of the advice given by the posters on this board.

I'm not sure why you keep posting when you don't want to hear our answers. According to your previous posts, this SUV was left at your house as collateral, now it mysteriously appeared at a gas station and was towed.

Your story is starting to make even less sense than before. As you've been told several times, this is a civil issue. If you wish to file a claim against any of the multiple people you blame for your problems, feel free....but if you expect the police in your area to drop everything to help you out- you are going to be sadly disappointed.