Florida Law covering towing (for a tow from private property)
This is a discussion on Florida Law covering towing (for a tow from private property) within the Miscellaneous Topics forum, part of the OTHER LEGAL ISSUES category; Florida - For a tow from private property who would be allowed to pick the car up? The issue: I ...
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#1 |
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Junior Member
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Join Date: May 2012
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Florida - For a tow from private property who would be allowed to pick the car up?
The issue: I was in possession of the car, but it was titled to my mother. She recently passed away, and I was still in possession of the car. However, my apartment complex had the car towed yesterday. The tow company said they would only release the car to the person on the title, but she is deceased. They are charging $25/day storage, so I want to get it as quickly as possible. I explained the issue to them, but they are unwavering. We have not even gotten the probate process started. They could lay claim to the car before it is even well underway. Florida Statue (715.07) covering the issue makes reference to "person legally authorized," so who would that be? Does it cover me since I was the person in possession of the car before and after death. I was under the notion that power of attorney died with the person. The person at the towing company said they would take it, but I foolishly expanded their knowledge on the issue trying to reach an agreement with them on the matter. Or were they really right? Thanks for any help on the matter. Statutes & Constitution :View Statutes : Online Sunshine |
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#2 |
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Top Level Member
Join Date: Dec 2009
Posts: 12,577
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I wish to inform you that as car was in your possession thus you can claim back your car. In this regard you can give notice to the towing company that you have legal right to car as car was in your possession under legal authority. Your mother have allowed you to have car and no legal heir has any objection and your situation will be similar to that of a vehicle taken under lease agreement. As no law is violated or no law restrict from you having the vehicle therefore demand of towing company is not correct. You can inform law enforcement agencies and have your car. If still you are unable to have your car then you can obtain court order along with costs that car must be handed over to you because towing company cannot affect your rights of possession.
AFF Last edited by AFFA; May 3rd, 2012 at 04:05 PM. |
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#3 |
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Junior Member
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Thanks for the reply AFF.
The tow company is still being difficult. It was suggested to me that seeking a new title on the car might be a quick and simplified course of action. Would the tow company be required to give me access to the belongings in the car while under their storage? I may need some of the paper work from the glove box... |
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