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A Tow Inc. v. Williams

Because the towing company had no valid lien on the plaintiff's car, it converted her car when it refused to release the car until plaintiff paid towing and storage costs.

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At the request of police who thought the vehicle might be evidence in a hit-and-run matter, A Tow, Inc. “ATI” in February 1997 towed Monique Williams’s car from her apartment complex parking lot and complied with the police instruction to “hold” the vehicle as evidence. Even though ATI knew Williams’s correct name and address from the police impound ticket, it sent the notice required by OCGA § 40-11-2 d1 to a nonexistent William S. Monique at a nonexistent apartment number, receiving the letter back as “refused or unclaimed” and “no such number.” In early April the Department of Motor Vehicles “DMV” again informed ATI of the correct name and address. ATI never sent and Williams did not receive the required notice.

In early May the police released the vehicle from the “hold” and informed Williams of its location, whereupon she immediately contacted ATI to demand the vehicle. ATI would not release the vehicle to her unless she first paid towing and storage charges. Williams declined to pay and had her attorney immediately send a formal written demand for the vehicle, with which ATI again refused to comply unless the charges were paid. ATI then sent notice to the nonexistent name and address despite having received the owner’s correct name and address from the DMV and in June instituted lien foreclosure proceedings, foreclosed on the vehicle, and sold it.

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