Improper Abandoned Vehicle Towing (NDCC §39-26-01 et seq.)
North Dakota law strictly regulates abandoned vehicle towing. NDCC §39-26-01 defines 'abandoned vehicle' specifically (left unattended for 48+ hours on public property; 7+ days private property without authorization). NDCC §39-26-02 requires the towing operator to notify law enforcement within 24 hours and the vehicle owner within 10 days via certified mail to last known address from DMV records. Failure to provide proper statutory notice voids towing and storage charges and creates a cause of action for wrongful taking under NDCC §32-03.2-02.
Legal basis
NDCC §39-26-01 through §39-26-19 (abandoned vehicles); NDCC §32-03.2-02 (conversion); North Dakota Consumer Fraud Act NDCC §51-15-01+
Sample appeal wording
TO: [TOWING COMPANY] / [CITY POLICE DEPARTMENT] RE: Vehicle [PLATE/VIN] - Demand for Return and Refund Dear Sir/Madam: My vehicle, [DESCRIPTION], plate [PLATE], was towed from [LOCATION] on [DATE]. Under NDCC §39-26-02, I am entitled to specific statutory notices that were not provided: 1. Notification to law enforcement within 24 hours: [NOT PROVIDED / LATE] 2. Certified mail notification to registered owner within 10 days: [NOT PROVIDED / LATE / WRONG ADDRESS] 3. Itemized statement of charges in compliance with NDCC §39-26-04: [INADEQUATE] Failure to comply with NDCC §39-26 et seq. voids the towing lien and constitutes conversion under NDCC §32-03.2-02. Additionally, charging fees beyond statutory authority constitutes a deceptive practice under the North Dakota Consumer Fraud Act, NDCC §51-15-02, exposing your company to treble damages and attorney fees under NDCC §51-15-09. I demand: (1) immediate release of my vehicle without charge; (2) refund of any fees paid; (3) written response within 10 days. If this demand is not met, I will file suit in [COUNTY] Small Claims Court and seek all available remedies including treble damages. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t39c26.pdf
- NDCC Chapter 39-26 Abandoned Motor Vehicles
- NDCC Chapter 51-15 Consumer Fraud