Possible stolen vehicle question

[BomarFab]

I have a question about making a stolen vehicle report for someone else's vehicle that was in my possession. I own an automotive fabrication business, one of my customers became involved in a lawsuit in October of last year. I would prefer not to discuss the details if I can avoid it because I do not know what the outcome will be. I am a witness in the case because I did business with the defendant and was interviewed by a detective of the Concord police. They believe me to be at no fault and running my business in a legal manner, and gave me suggestions on handling the situation. I was subpoenaed for records about the defendants vehicle and supplied them. I then had to fill out a declaration for the lawyers of the company suing. My understanding was that they where trying to seize some assets of the defendant (my customer) and the vehicle I had been working on is one of those assets. As I understand it, the defendant can not legally take possession of the vehicle, and neither can the lawyers. However they have not returned calls or emails since the end of May.

During this time, I have essentially been forced into storing the vehicle. I keep it inside my shop as often as I can. This past week I put it in the parking lot, as I needed the room to work on paying jobs. It was there when I left Thursday night, and this afternoon it was gone. It could have been taken anytime between Thursday night and Sunday morning. There is a moving container in the parking spot next to where the vehicle was, but that could belong to another tenant. I tried contacting the defendant with no success. I then called the local police department to ask if I could file a stolen vehicle report. The lady was very nice, and said only the registered owner could report it, and to contact him since it sounds like a civil suit. I then called the office of the lawyers and left a message explaining what I know at this point. I do not know if they have been successful in legally taking ownership of it.

I am trying to cover my butt to avoid this becoming my fault somehow. The vehicle was not in a drivable state, the majority of it is still stored inside my shop, including the engine and transmission. I am just worried that it may have been stolen, I feel like any of the parties involved would have contacted me before taking it, so I could assist in getting everything that belongs to the vehicle. My landlord has never had anything towed without giving a substantial warning, and never anything of mine. Usually only vehicles that sit in the parking lot for months on end.

I am wondering if there is anything else I can do? I know I wont hear from the lawyer's office until Monday, and I cannot ask the landlord until then either. I am just very worried about the situation. Sorry for such a long winded post.

[BomarFab]

Another thing to consider is the landlords have parking lot cameras and if they actually record I may be able to ask to see them. Assuming they didn't have it towed. It just seems unlikely they would do that. I have been renting from them for 5 years and maintain a good relationship with the landlord and property owners.

[FLIGHT762]

Nothing wrong with contacting the local PD to make a stolen vehicle report. You need to disclose all of the information you gave here along with the Concord PD Detective's information and as you said and who was forcing you to store it.

Maybe it was stolen, maybe not.

You should speak to a PD police supervisor (Sergeant), not a lady on the phone. If they don't take and actual 10851 report, you can have an incident report on it.

I would also contact the landlord and make sure they didn't have it towed. Contact the PD after you've exhausted all other possibilities.

[SVT-40]

Call the police station back and ask for the watch commander. Tell him the story and your concerns. He may be able to better assist you than a dispatcher.

[Unit74]

If I were you, I'd also file a mechanics lien for storage fees.

If the car was entrusted to you, your in lawful possession. I don't see a reason why a 10851 reports was not taken. There is nothing that says you have to be the RO to report it stolen.

Sounds like a lazy dispatcher/desk clerk.

[BomarFab]

Thank you for the suggestions, I will contact the landlord tomorrow morning to find out if they had it towed. If not I will contact the PD again and try to file some kind of support.

If it got towed I guess I've got to go get it tomorrow and figure out how to fit it back inside.

[BomarFab]

Good to know Unit74. Maybe I should call back today.

I've thought about storage fees, but was told I can only start charging storage now. Not for the past 7 months, I would have had to give notice of storage fees when I received the subpoena.

[Ron-Solo]

I'd notify the owner, let him make the report, and assist the local police with any info they require.

This is a can of worms.

[BomarFab]

It is most definitely a can of worms, and has been a burden on me and my business for some time.

I left a voicemail on the owner's cell phone with a brief explanation and asked him to return my call. I have no other way of contacting him. His address and place of work have changed due to the lawsuit.

I am hoping to find a resolution for all of this soon. But the current situation is alarming to me.

[BomarFab]

Thank you to everyone offering advice, this is very helpful to me and much appreciated.

[BomarFab]

I can't seem to edit my post from my phone, but wanted to ad something I thought I mentioned in the first post. There are drag marks from the spot the vehicle was. They are a but sporadic so its hard to tell where it went. And to me it doesn't confirm any possibilities.

[BomarFab]

Update for this morning. Landlord is not in the office, not answering phone. Called the towing place with a contract for the property. They told me if something was towed I need to contact the police department. I called the Windsor police (which is basically Sonoma county sheriff) and they told me they have no record of any vehicle towed from my place of business. I asked if I could file a stolen vehicle or incident report, he also told me only the registered owner can do that and to call the towing company back.

So I did, they checked both yards and their records from Thursday to Sunday and came up empty handed. He said it could have been towed by someone else, possibly police using another towing company, or that it was stolen.

I plan to call the police back with the suggestions from above and see what I can do.

I still cannot reach the owner.

[A-J]

I don't see why the PD won't take a report. It doesn't matter that you're not the RO. You were in possession of the vehicle when it was stolen. It's no different than if they had broken into your shop and stolen it.

[Meety Peety]

Isn't it possible to file some sort of incident report basically just acknowledging that the vehicle disappeared and that you are unable to contact the owner? While it may not help bring the car back, it seems that it could potentially help you out if it somehow came up in court.

[tyrist]

If I were you, I'd also file a mechanics lien for storage fees.

If the car was entrusted to you, your in lawful possession. I don't see a reason why a 10851 reports was not taken. There is nothing that says you have to be the RO to report it stolen.

Sounds like a lazy dispatcher/desk clerk.

Our policy is the registered owner has to report the vehicle stolen.