My office is investigating a potential class action against Martin Wrecker Services Inc., located in Howard County, at 1234 E Sycamore St, Kokomo, IN 46901.
In many situations, Indiana law caps towing and storage fees at $1500.
More specifically, Indiana Code § 32-33-10-5 states:
(a) A person engaged in:
(1) towing, repairing, storing, servicing, or furnishing supplies or accessories for motor vehicles, airplanes, construction machinery and equipment, and farm machinery; or
(2) maintaining a motor vehicle garage, an airport or repair shop for airplanes, or a repair shop or servicing facilities for construction machinery and equipment and farm machinery;
has a lien on any motor vehicle or airplane or any unit of construction machinery and equipment or farm machinery towed, stored, repaired, serviced, or maintained for the person’s reasonable charges for the towing, repair work, storage, or service, including reasonable charges for labor, for the use of tools, machinery, and equipment, and for all accessories, materials, gasoline, oils, lubricants, and other supplies furnished in connection with the towing, repair, storage, servicing, or maintenance of the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery.
(b) The costs of storing a motor vehicle may not exceed one thousand five hundred dollars ($1,500).
If you were overcharged for towing or storage fees by Martin Wrecker, please contact me directly at firstname.lastname@example.org
If you received a letter from Martin Wrecker that is similar to the following, please include a copy of the letter in your email:
This letter is to notify you that the above motor vehicle has been investigated by Martin Wrecker Service Inc. This vehicle, last registered to you, is held as abandoned, lost, stolen, /or unclaimed vehicle at Martins Wrecker Services. If you have no interest in redeeming this vehicle, the above charges could be satisfied by relinquishing the title.
Refusal or failure to reclaim the vehicle shall constitute a waiver of all interest in the vehicle. The vehicle would then be disposed of by means of scrapping or selling on or 30 days from the date of this letter in complaint with the Indiana code
Sec.9.22-1-20.If the vehicle will be sold a notice of public auction will be printed in the Kokomo Tribune no later than 1 week prior to auction.
If you have an interest in reclaiming the above vehicle, all charges owed against said vehicle must be paid in full and vehicle removed prior to 30 days from the date of this letter. Vehicles can be reclaimed 24 hours a day 7 days a week at the above address.
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