Legal question regarding theft

[gregintenn]

A guy who does some work for me had some steel reiforcement bars stolen from a project in Westmoreland. The theifs were pulled over in Scottsville Kentucky for drunk driving I was told. Anyway, after determining where the steel came from, the police called the owner to inform him they had his steel. When he asked about picking it up, he was informed he would have to pay a towing bill that equated to more than the cost of the rebar.

Is this correct? Why wouldn't the theives be responsible for the bill? It sure doesn't sound right to me. If I were him, I'd likely become a problem in Scottsville, Kentucky.

[Caster]

Not surprised. There's no accountability in this country anymore. It sux.

[DaveTN]

He is probably caught up in jurisdictional problems. I would guess that the cops in KY are not charging them with the theft that occurred in TN, just the DUI. If the rebar is not being held as evidence, the towing company probably won’t release it to anyone without getting paid for the tow.

If they are charged with the theft; the rebar should be recovered property and the cops can release it to the owner no matter what the tow company says about it.

But thats just a WAG.

[Murgatroy]

What is said above, as well, the owner of the rebar can charge the thieves for the cost of the tow bill and impound, plus anything else related, if they have been charged with the theft.

I am not a lawyer though, and that would be something your buddy might be better off asking a lawyer.

[Dolomite_supafly]

Hve your friend pay for his stuff then go to court and get a judgement against the thieves.

Might be a while but he should be made whole. I know in some cases the courts will pay the victim from state funds then go after the criminals for the money.

Dolomite

[gregintenn]

Hve your friend pay for his stuff then go to court and get a judgement against the thieves.

Might be a while but he should be made whole. I know in some cases the courts will pay the victim from state funds then go after the criminals for the money.

Dolomite

He said the police told him he could do this, but they knew the guys, and he had zero chance of ever recouping his money from them. This just doesn't seem fair to me.

[DaveTN]

He said the police told him he could do this, but they knew the guys, and he had zero chance of ever recouping his money from them. This just doesn't seem fair to me.

Did he file a report with the Police here? If he did, tell him to call them and tell them where the stolen property is.

I don’t know how it works there, but many departments have contracts with towing companies that tow “Police Department Authorityâ€. If the Police there release the property to him, the towing company can’t hold it for ransom.

Yes, you can get all the judgments you want against dirt bags, but these are guys that don’t pay their bills or child support; he won’t get any money…. only lawyer bills.

[Timestepper]

Maybe he just needs to go steal it back? I mean, after all, if the local constabulary isn't going to go after these jackasses for stealing his property in the first place, then they couldn't very well get their panties in a wad if he stole it back, could they?

And before I get flamed for the previous statement, I'm not really advocating this as a serious course of action - it's just that I get damned tired of the "system" that always seems to work either in favor of the bad guys or at least against the good guys.

This poor guy had his property STOLEN and now, to get it back, he's gonna' have to do the equivalent of paying for it TWICE? WTF is wrong with this picture?

[ted]

File it on his insurance give them the police report when it was stolen and move on is all you can do,

[gregintenn]

This type thing is what gets my panties in a bind regarding law enforcement. Let your kid squeal a tire, and he'll have to pay. This guy just wants his property back, and gets the equalivent of being held up for ransom.

[DaveTN]

This type thing is what gets my panties in a bind regarding law enforcement. Let your kid squeal a tire, and he'll have to pay. This guy just wants his property back, and gets the equalivent of being held up for ransom.

He has a legitimate complaint. I would drive up to the PD that had the vehicle towed and tell them I want my property and I’m not paying a tow company that is holding it for ransom. I would talk with a Command Officer and depending on KY recording laws I would carry a recorder. I like to think that will solve the problem. But if it doesn’t I would contact one of these TV news guys that do the rip-off segments and see if they want to run with it.

It’s only 15 miles but the state line running through there is probably what’s causing the problem.

You are right to be pizzed off, everyone should be; he is the victim of a crime. And this can be fixed by one phone call from the PD to the tow company.

[ted]

Kinda like this it's about the same http://www.newschannel5.com/story/18241221/man-loses-22000-in-new-policing-for-profit-case

[hornett22]

I have always thought the cops or someone at the courthouse are getting some kind of kick back from these towing companies.

[DaveTN]

I have always thought the cops or someone at the courthouse are getting some kind of kick back from these towing companies.

I don’t know how it is here, but where I was, these were lucrative contracts for the towing companies. Every car that was towed from an accident where the owner either couldn’t pick a company because they were injured or just didn’t care, every car that was towed from an arrest, and every car that was towed for being illegally parked or stalled in traffic; was towed PDA (Police Department Authority). That’s a lot of towing and a lot of money to a tow company. But to get those contracts there things they had to agree to. Things like set rates and that they couldn’t charge victims of crimes for the recovery of their cars. They were happy to do that.

I towed a lot of cars and I never got a kick back. I did have one of the tow truck drivers send a round of drinks to my table in a bar one night though.

Edited May 26, 2012 by DaveTN

[Guest Nikator]

I thought you could get in trouble for being in possession of stolen property .... I can see how the towing company can hold the car, but not some contents that are stolen and the actual owner is known.

I'd have an attorney write a letter to the towing company and then arrange to pick up the steel. They towed the car, not the contents.

[hornett22]

I know in Corolla NC the local LEO and tow truck guy must be related. If you get stuck driving onto the beach,they come out of the bushes and give you about ten seconds to get unstuck .