Retrieving Personal Belongings Legally

Summary

The users personal belongings were left in a rental car that was towed due to non-payment of rental fees. The rental company is withholding the belongings until the renter pays the outstanding balance. The user was advised that in Alabama, a rental company generally cannot withhold personal belongings as collateral. The user was advised to involve law enforcement, seek legal counsel, and potentially file a small claims lawsuit if the company refuses to return the belongings. The situation falls under Property Law, specifically Personal Property Law.

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Someone rented a car from Budget Car Rentals but did not return the vehicle on time so the rental company towed the vehicle. My personal belongings were in the vehicle and when I called to inquire as to how and when I could retrieve my property I was told I would not be allowed to retrieve my property until the renter paid the balance. I received a call from the rental company yesterday asking me to reach out to the renter and let them know that they needed to pay what was owed and that after today they would dispose of the property (my property) that was in the vehicle at the time of towing.
Did you have any agreement with the renter about your belongings being in the car?
Im not really following...I had been in the vehicle with the renter, we stopped by their apartment for about * minutes...I left my things in the vehicle as I did not think we would come outside to find the vehicle had been towed
What kind of personal belongings were left in the vehicle?
New shoes and clothing items, a vacuum that was to be returned to walmart, a few items I had sold but not yet taken to USPS, computer equiptment
What is the total estimated value of your belongings left in the vehicle?
At least $* worth
What is the location of the Budget Car Rentals where the vehicle was rented from?
It in Birmingham, Alabama right outside of the airport
What is the name of the person who rented the car?
Rodney
What is your relationship with Rodney and did he give you permission to leave your belongings in the car?
He is my boyfriend and yes I had permission
What is the current outstanding balance that Rodney owes to the rental company?
They will not tell me. They said they can only speak to him...yet they continue to call me and ask me to relay messages to Rodney
Have you tried contacting Rodney to discuss this issue and possibly have him settle the balance with the rental company?
Yes, at this time he does not have the money to pay what is owed
What steps have you taken to retrieve your belongings from the rental company?
I have called and been told I would not be allowed to retrieve the items. However, that is why I am seeking legal advice because I am driving to the rental company in about * minutes and woyld like to know what I should do if they tell me no. What are my rights? I have read the rental agreement terms and conditions and it specifically outlines how they will collect any money owed in the case the vehicle is nkt returned on time and is towed....no where does it say they can withhold any items left in the vehicle as collateral
Have you informed the rental company about the specific clause in the rental agreement that doesn't allow them to withhold your items?

In Alabama, generally, a rental company cannot withhold personal belongings as collateral.
No, that is what I intend to do when I get there
What is the name and address of the rental company you're going to?
Its called Budget * Messer Airport Highway Birmingham, Alabama *
Have you considered involving law enforcement or a lawyer to help retrieve your belongings? In Alabama, it's generally illegal for companies to withhold personal items as collateral.
Yes. Thats why Im here. Should I call the police and have them come out to file a police report or something if the employees at Budget try to tell me I cannot have my property?
Yes, involving law enforcement can help ensure your rights are protected. They can document the situation and potentially assist in retrieving your belongings.
Ok, good deal. Any other advice or actions I should be prepared to take should they say no?
You may want to consider seeking legal counsel. In Alabama, you can contact the Alabama State Bar Lawyer Referral Service at (*) *-* for assistance.
Ok, thank you I will call them now
The Alabama State Bar Lawyer Referral Service is located at * Dexter Avenue, Montgomery, AL *. Their contact number is (*) *-*.
What category of law does this situation fall under?
This situation falls under Property Law, specifically Personal Property Law.
Got it
Have you considered filing a small claims lawsuit against the rental company for the value of your belongings?
Explanation: In Alabama, small claims court handles cases up to $*,*. You can contact the Jefferson County Courthouse at (*) *-* for more information.
If they refuse then I will
What is the name of the rental company and the specific location where the car was rented from?