Baker Sterchi successfully defended a tow company is an action by a lienholder seeking damages for the towing and storage of its vehicle under the Storage Lien Act.
Our client argued that it had a right under 625 ILCS 5/4-203(g)(2) to collect towing and storage fees as the vehicle in question was towed and impounded by the direction of a local police agency after the driver of the car was arrested. Lienholder argued because tow company did not serve them notice within two days of the tow, it forfeited its rights to charge towing and storage fees.
The Circuit Court disagreed with the lienholder, finding that because the tow in question was ordered by the police, 625 ILCS 5/4-203(g)(2) was an affirmative matter that barred or otherwise defeated lienholder’s claim and granted the dismissal.
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