TITLE 39
Public Utilities and Carriers

CHAPTER 39-12.1
The Towing Storage Act

SECTION 39-12.1-13


§ 39-12.1-13 Form of notice.

TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDERS)

You are hereby given notice that a ................ (year, make, and model of vehicle) serial number ................, is being stored at ................................ (name, address and telephone number of storage facility). The vehicle is in the possession of ................ (name, address and telephone number of certificated tower), having been towed at the direction of ................ (name of police department or person ordering tow) because ................ (reason for tow).

You are given notice that recovery, towing, and storage charges, for which the registered and/or legal owner is liable, are accruing and that ................ (tower's name, address and telephone number) has claimed a possessory lien, pursuant to § 39-12.1-6, for the charges. You may take possession of the vehicle at any time during regular business hours by appearing with a police release, if required, and payment of all charges accrued to date of retaking.

If you claim that the original towing was improper or not legally justified you may contest the towing by filing a complaint within ten (10) days from the date of this notice with the public utilities commission, provided that security in an amount and form complaint satisfactory to the public utilities commission is posted with the filing of the complaint.

You are further given notice that if you fail to file a complaint or fail to retake possession of the vehicle, the vehicle will be sold at public auction and the proceeds of the sale will be first applied to recovery, towing, and storage charges with any excess to be deposited with the public utilities commission to be held in an account for the registered or legal owner or entitled lienholders as provided for in § 39-12.1-9(d)(3).

You are further given notice that any recovery, towing and storage charges in excess of the sale proceeds shall remain as a civil obligation of the owner.

(Name and address of certificated

tower or attorney)

History of Section.
(P.L. 1994, ch. 328, § 1.)