Who paid towing and storage charges when a Louisiana sheriff seized a stored vehicle for a lienholder?

Plain-English summary

The Livingston Parish sheriff's counsel asked who owed towing and storage charges when the sheriff seized a vehicle already in storage under a lienholder's writ. The AG read R.S. 32:1720.1 to place payment on the secured lienholder, not the sheriff. The statute also required a hold harmless agreement before the storage operator surrendered the vehicle.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the sheriff have to pay the storage operator for the seizure?
No. The AG said the lienholder had to pay the towing and storage charges before the stored vehicle was surrendered.

What had to happen before the storage operator released the vehicle?
The quoted statute required full payment by the secured party and an executed agreement indemnifying the operator for surrender of the vehicle.

Background and statutory framework

R.S. 32:1720.1 governed release of a stored vehicle encumbered by a lien after the storage operator sent the required notice. The opinion applied its express payment condition to a sheriff's seizure under a valid writ.

Citations and references

• R.S. 32:1720.1: payment and indemnity before surrender of a stored vehicle to a lienholder.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0133

Original opinion text

May 12, 2000
OPINION 00-133

Mr. Eric L. Pittman 107 SHERIFFS
R.S. 32:1720.1
General Counsel for Sheriff Secured party, rather than sheriff, is liable for payment of towing and
of Livingston Parish
storage charges to storage operator prior to release of vehicle
1930 Florida Avenue, S.W.
pursuant to lawfully issued writ of seizure.
Denham Springs, LA 70726

Dear Mr. Pittman:

You ask this office if the sheriff is obligated for the payment of towing and/or storage charges to a storage operator where the sheriff seizes a vehicle out of storage pursuant to a lawfully issued writ of seizure by a lienholder.

R.S. 32:1720.1 governs this matter and provides:

§ 1720.1. Surrender of stored vehicle to a lienholder

Notwithstanding any other provision of law to the contrary, in the event that a vehicle that has been placed in a storage facility is encumbered by a lien and the storage operator has mailed the notification as required by R.S. 32:1720, the storage operator shall surrender possession of the vehicle to the holder of any lien on the vehicle on behalf of the registered owner. The holder of any lien on the vehicle is the holder shown on the records of the office of motor vehicles. No such surrender shall occur until the secured party has made a complete payment of the towing and storage charges, and a hold harmless agreement, agreeing to indemnify the storage operator for surrender of the vehicle to the secured party, has been executed. (Emphasis added).

Pursuant to R.S. 32:1720.1 quoted above, it is the lienholder and not the sheriff who must pay the towing and storage charges prior to surrender of the stored vehicle.

Page 2

Mr. Eric L. Pittman
OPINION 00-133
Page 2

Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: _______
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Mr. Eric L. Pittman
OPINION 00-133
Page 3

OR #00-133

108 SHERIFFS

R.S. 32:1720.1

Secured party, rather than sheriff, is liable for payment of towing and storage charges to storage operator prior to release of vehicle pursuant to lawfully issued writ of seizure.

Mr. Eric L. Pittman
General Counsel for Sheriff
of Livingston Parish
1930 Florida Avenue, S.W.
Denham Springs, LA 70726

Date Received:
Date Released: May 12, 2000

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL