HARTSELLE, Ala. — One Hartselle woman is seeking answers after she says she was headed to run errands one day and noticed that her car was being hooked up to a tow truck. Marie Winton explained that she finally got to the bottom of the situation, and the tow truck company had the wrong vehicle. She continued that she has no idea what she would have done if they had left with her vehicle.
FOX54 spoke with Legal Services Alabama Huntsville's Managing Attorney Thomas Phelps who explained that typically, the towing company would be provided a description of the vehicle, and that might include the vin number, the make, model , and tag number, if applicable. "Those things would be the basis that any reasonable towing company should rely on before they move a vehicle from a particular premises. So if some sort of incident like what you've described occurs where there's a question about whether it's the appropriate vehicle or not, if there's any kind of threat or force that is used to accomplish the repossession, that would be unlawful."
Phelps further explains an individual's rights as it relates to these types of instances in the state of Alabama. "I believe the person could verbally, you know, announce to the tow truck driver, 'I'm sorry, you have the wrong vehicle.' There's been a mistake. At that point, it would probably be reasonable for all parties to discuss the matter, verify whether the vehicle in question is correct before going forward. If the if the conversation became heated in any way such that it could be a breach of the peace, that would be unlawful. Typically the borrower would be aware that they were behind on their payments, but they wouldn't necessarily receive notice that someone was coming out to repossess the vehicle. That is not required in Alabama," Phelps continued.
Another thing to keep in mind if you happen to witness a similar instance, "If you see a vehicle being towed, it looks like a repossession probably would be a wise idea to document that, take a you know, a quick photograph or write down the information and pass along to the the resident." Most importantly, in these situations, it's most important to remember that it's better to protect people. "Rather than property if any of these situations become heated or violent, even verbally."
Starting June 1, changes will go into effect in the city of Decatur, towing companies or anyone else deemed a "repossessed" must notify Decatur Police Department at least 30 minutes prior to a repossession attempt and provide a detailed description of the vehicle to be towed. That includes vehicle id number, tag numbers, and colors.