Rhode Island General Laws 39-12.1-13. Form of notice
Terms Used In Rhode Island General Laws 39-12.1-13
- Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Legal owner: means the person who has obtained ownership of a vehicle by any legal means but has not caused the vehicle to be registered with the division of motor vehicles. See Rhode Island General Laws 39-12.1-2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Police department: means the police department of a city or town or the Rhode Island state department. See Rhode Island General Laws 39-12.1-2
- Registered owner: means the person recorded in the division of motor vehicles as being the one to whom the registration of the vehicle was issued. See Rhode Island General Laws 39-12.1-2
- Vehicle: means any motor vehicle as defined in § 39-12-2. See Rhode Island General Laws 39-12.1-2
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 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; P.L. 2020, ch. 79, art. 1, § 6.