You have waited long enough, contact the attorney general. There is something fishy going on with the cop.
My Duster was stolen
- Thread starter dustermaniac
- Start date
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Ddaddy
Just doing what I do
This is why I asked about the storage fees. If the cop says you owe storage to the guy who has it now, how much is it? Unless you know what that is, it’s hard to fight back.
Always define the parameters and then fight within that. It’s the only way to win.
dustermaniac
Senior Member
I will update tomorrow after I call North Carolina DMV or Atty General.
mopowers
Well-Known Member
If this happened to me, I'd consult an attorney pronto and learn what the law actually is. It seems as though the OP doesn't have the means to pursue legal action. At some point, he's gotta evaluate how much his time and effort is worth fighting for an old car that's all the way across the country. Even if they gave it back to him, how would he assume ownership if he can't even afford to pay for a flight?
You could sue, your daughter and her boyfriend, especially since they were convicted you can do a civil suit for the money, time, etc
Not like you are going to talk to them again - maybe recoup some of your losses
Not like you are going to talk to them again - maybe recoup some of your losses
They're in jail. They look like total meth heads from their mug shot. He ain't gettin nothin outta them. They ain't got nothin. Had they had anything, they wouldn't have stolen something that didn't belong to them.
dustermaniac
Senior Member
But the other more important thing here is that my wife bought me the car and there are so many memories of her and I wrapped up in that car. it is just very hard to process this still. It is all I had left besides a picture of her and I due to moving to the West Coast back in 2016. I was not doing well then and was not thinking very clearly and left a lot of my life behind. But I wanted the car.
MOPAROFFICIAL
Oogliboogli
Hey... why are you on here telling us about all this...?...what is your end goal?
This is just more of the saga
At least it ended with arrests.
You got screwed. You spinning your wheels and this is pages long....every page goes back to the same thing..... you need money. Create a go find me page. Something is wrong in the cops mind or not clear, either way... you're in no position to do anything. Cut ties with that fam and get your act togther.
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plumkrazee70
Well-Known Member
Im no expert, but here is what shows up in Google... Im not sure it matters where in NC, but seems like your getting the run around... If they were arrested then those cars are evidence.
Found, Seized & Stolen Property
Vehicle Release
All vehicles deemed eligible for release to the owner should be arranged on appointment basis. While appointments are not required, they are recommended due to the time involved in a vehicle release. Once a vehicle is eligible for release, a certified letter is mailed to the owner. The owner is encouraged to establish contact with Evidence Management staff to obtain the details necessary to complete the transfer of the vehicle. Payment of administrative fees, towing fees, and storage fees all may apply. The owner may be required to pay some fees at the Public Safety and Support Center (Evidence Management), and to then pay the contracted wrecker service at their business location to complete the transfer. If the vehicle is stored at the Evidence Holdover Lot, the owner will be required to accompany the Evidence Specialist to the lot located off Highway 52. The owner will be required to provide their own transportation to where the vehicle is stored and will have to demonstrate availability of a third party to operate or tow the stored vehicle. In all cases involving vehicle releases, the owner is responsible for all maintenance and mechanical issues involving the release of the vehicle.
The owner must produce proper identification to include a valid operator's license along with title information or bill of sale.
All property releases begin with the officer or detective assigned to your case. Once the officer authorizes the transfer of property, the owner should call and confirm an appointment with Evidence Management Staff at (336)726-7285. Property owners should obtain a case number before contacting Evidence Management. The owner should bring photo identification and any related forms or applications to:
Alexander R. Beaty Public Safety and Support Center
1200 Patterson Avenue, Winston-Salem, NC
Found, Seized & Stolen Property
Vehicle Release
All vehicles deemed eligible for release to the owner should be arranged on appointment basis. While appointments are not required, they are recommended due to the time involved in a vehicle release. Once a vehicle is eligible for release, a certified letter is mailed to the owner. The owner is encouraged to establish contact with Evidence Management staff to obtain the details necessary to complete the transfer of the vehicle. Payment of administrative fees, towing fees, and storage fees all may apply. The owner may be required to pay some fees at the Public Safety and Support Center (Evidence Management), and to then pay the contracted wrecker service at their business location to complete the transfer. If the vehicle is stored at the Evidence Holdover Lot, the owner will be required to accompany the Evidence Specialist to the lot located off Highway 52. The owner will be required to provide their own transportation to where the vehicle is stored and will have to demonstrate availability of a third party to operate or tow the stored vehicle. In all cases involving vehicle releases, the owner is responsible for all maintenance and mechanical issues involving the release of the vehicle.
The owner must produce proper identification to include a valid operator's license along with title information or bill of sale.
All property releases begin with the officer or detective assigned to your case. Once the officer authorizes the transfer of property, the owner should call and confirm an appointment with Evidence Management Staff at (336)726-7285. Property owners should obtain a case number before contacting Evidence Management. The owner should bring photo identification and any related forms or applications to:
Alexander R. Beaty Public Safety and Support Center
1200 Patterson Avenue, Winston-Salem, NC
plumkrazee70
Well-Known Member
What seems fishy is that the "new owner" of the car still has it.
How do we know the cop and the "new owner" aren't one in the same?
Tom, have you thought of that?
Tom, have you thought of that?
dustermaniac
Senior Member
I have, and when he was "investigating" these thefts. I was the one who did the leg work and found the listing for the car for sale on the web, up until that point he had no desire to pursue any real investigation as to how the car was sold. During my telephone conversations with him he would threaten me that he was going to "drop" the investigation if I was on him about getting nothing done and he could clearly tell I was frustrated (WHICH I WAS) I feel like he is looking out more for the thieves who stole my property instead of the victim here.
plumkrazee70
Well-Known Member
Them you need to call the police Dept and talk to the chief or whatever. Keep calling until you get answers
gunbunny
Well-Known Member
North Carolina’s “Motor Vehicle Act of 1937
GS §20-77(d)
“(d) An operator of a place of business for garaging, repairing, parking or storing vehicles for the public in which a vehicle remains unclaimed for 10 days […], shall, within five days after the expiration of that period, report that vehicle as unclaimed to the Division. Failure to make such report shall constitute a Class 3 misdemeanor. Persons who are required to make this report and who fail to do so within the time period specified may collect other charges due but may not collect storage charges for the period of time between when they were required to make this report and when they actually did send the report to the Division by certified mail. [my emphasis added].
There is also a statue that says:
"§ 20-219.15. Wrecker service storage fees. Notwithstanding the applicability of this Article, as established in G.S. 20-219.10, no wrecker service operator or tower shall charge a storage fee greater than twenty-five dollars ($25.00) a day for any stored vehicle. A storage fee may not be charged if the wrecker service operator or tower does not place the towed vehicle inside a private locked area preventing access by the general public. This section is not designed to limit any other fee charged by a wrecker service operator or tower for services related to towing. A variance of up to fifty percent (50%) of the maximum storage fee established by this section may be allowed when the Department of Crime Control and Public Safety determines that the cost of complying with the rules of the Department regarding storage lots warrant a waiver." SECTION 2. This act becomes effective October 1, 2009, and applies to vehicles towed by a tower on or after that date.
I'll catch holy hell for the following statement, but: cops are flipping idiots. They do not posses a law degree and never, under any circumstance follow any legal advise a cop gives.
The long and short of is simple, if you want your car, quit finding excuses not to, and deal with the issue. Crying here won't do you a bit of good. Contact an attorney in the county the cop is in. Most will talk to you for free and give you an assessment of your situation. If you're concerned you won't understand whats being said, have a member of your family you trust listen in on the phone call.
Balls in your court, either play it or quit the game.
GS §20-77(d)
“(d) An operator of a place of business for garaging, repairing, parking or storing vehicles for the public in which a vehicle remains unclaimed for 10 days […], shall, within five days after the expiration of that period, report that vehicle as unclaimed to the Division. Failure to make such report shall constitute a Class 3 misdemeanor. Persons who are required to make this report and who fail to do so within the time period specified may collect other charges due but may not collect storage charges for the period of time between when they were required to make this report and when they actually did send the report to the Division by certified mail. [my emphasis added].
There is also a statue that says:
"§ 20-219.15. Wrecker service storage fees. Notwithstanding the applicability of this Article, as established in G.S. 20-219.10, no wrecker service operator or tower shall charge a storage fee greater than twenty-five dollars ($25.00) a day for any stored vehicle. A storage fee may not be charged if the wrecker service operator or tower does not place the towed vehicle inside a private locked area preventing access by the general public. This section is not designed to limit any other fee charged by a wrecker service operator or tower for services related to towing. A variance of up to fifty percent (50%) of the maximum storage fee established by this section may be allowed when the Department of Crime Control and Public Safety determines that the cost of complying with the rules of the Department regarding storage lots warrant a waiver." SECTION 2. This act becomes effective October 1, 2009, and applies to vehicles towed by a tower on or after that date.
I'll catch holy hell for the following statement, but: cops are flipping idiots. They do not posses a law degree and never, under any circumstance follow any legal advise a cop gives.
The long and short of is simple, if you want your car, quit finding excuses not to, and deal with the issue. Crying here won't do you a bit of good. Contact an attorney in the county the cop is in. Most will talk to you for free and give you an assessment of your situation. If you're concerned you won't understand whats being said, have a member of your family you trust listen in on the phone call.
Balls in your court, either play it or quit the game.
I just pinged a cop friend here in Phoenix - he said that doesn't add up, and he's going to give me a call tomorrow to get more info - I'll let you know if I get any info that might help
How much are the storage fees currently?
plumkrazee70
Well-Known Member
That's the 64,000 question. It's been asked a few times, but no response...
dustermaniac
Senior Member
I do not have any amount on the storage fees. I will call and ask the detective today.
Go all the way up to the states AG, also go on line and check for ways the states legal system can help, they furnish a lot of help. I would go so far as saying, in EVERY state, possession of stolen property is a crime and no one gets money for "storing it" whether known or not, even the crooks would then have wiggle room to get out of the crime. Sounds so fishy to me. Tough being on the other side of the country. Maybe your state AG can check for you, interstate fraud.
SLOPAR72
Well-Known Member
I will ask my neighbor who is now a retired Po-Po what his take on this is..... Honestly OP if you are not one siding this story then don't give up just yet.....
If anything a decision has to be made by a judge not someone with a badge. I don't think they have that type of authority (this is a DMV issue also.) You screwed up by letting someone irresponsible handle your business and the current holder of the car is irresponsible for taking ownership of it without a title. It needs to be in front of a judge.
JW
If anything a decision has to be made by a judge not someone with a badge. I don't think they have that type of authority (this is a DMV issue also.) You screwed up by letting someone irresponsible handle your business and the current holder of the car is irresponsible for taking ownership of it without a title. It needs to be in front of a judge.
JW
72Dart6pack
Harder Better Faster Stronger.
This post is going on 2 yrs & he is still bitching? Wow.
Some friends of ours purchased a 79 Z-28 Camaro back in the 80's... they had it for a little bit, then it got confiscated after it was discovered that it was stolen before they bought it... They lost their $4500 that they paid for it...
If anyone tries to buy a stolen car and gets caught, they are out the money that they paid for it... That's why you have to be careful and make sure it has a good clean title before purchasing it... Maybe take the VIN number to the police or DMV and have it checked before purchasing...
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