Belleville gets $50,000 judgment against it over car

David Goerlitz of Sumpter Township left his 1994 Mustang with his friend in Belleville to fix while he went to New York, where he was employed installing vinyl siding on new family housing at Fort Drum Army Base.
When he came home he found the friend had been driving his car and got arrested for drunk driving — third time offender — by Belleville Police.
That was in 2007. As soon as he heard, Goerlitz went to J&T towing to get his car and he was told the Belleville Police had to sign off on it. It was evidence in a crime.
He went to see the police chief twice and was told twice that the Wayne County Prosecutor’s Office was filing paperwork to take the car through forfeiture. His car was not being returned, so don’t bother calling, he was told.
But, the Prosecutor’s Office didn’t file forfeiture on the car, the Belleville Police didn’t sign off on the car, and J&T Crova kept the car seven years – at $20 per day storage fee.
Goerlitz, now 32, went on with his life until last summer when he was informed by mail his car was considered abandoned. J&T Crova towing reported to the Belleville Police that it was declaring the car abandoned and the police department was supposed to send that on to the Secretary of State for bill of sale. Notice was sent to the owner and secondary parties.
They sent Goerlitz paperwork that said if he did nothing he was responsible for the storage fee for his abandoned car.
That’s when Goerlitz called Belleville attorney John Day who filed a petition with the 34th District Court. Goerlitz had a right to a hearing and they had the hearing.
Day said usually for an ABAN hearing you have to post bond equal to the fee. In this case, they were able to get past that fee because of specific wording in the law.
And that was good because J&T’s fee was $50,000, figured on seven years at $20 a day.
Day said they went to court three or four times before the final session on Feb. 23.
That’s when 34th District Court Judge Brian A. Oakley ordered a $50,000 judgment against the City of Belleville after hearing testimony about the giant screw-up that left a vehicle in storage for seven years.
Judge Oakley said there was a lot of discussion about whose fault it was – the city, the prosecutor, or the towing yard — and it appeared the paperwork fell apart in Belleville.
The city’s initial defense was that the prosecutor dropped the ball. The Prosecutor’s office prepared a seizure order under the forfeiture statute, but it was never entered by the court.
Judge Oakley said the Prosecutor never went through with the forfeiture procedure, probably because Goerlitz wasn’t accused of wrongdoing.
“Whoever doing the wrong was responsible,” Judge Oakley said.
But nobody told Goerlitz. And, Belleville didn’t release the hold on the vehicle.
Judge Oakley said he looked at everybody involved and determined, “Belleville had the dirtiest hands.”
Judge Oakley said Belleville claimed it had sent certified mail to Goerlitz. But the certified mail envelope produced by Belleville had no associated letter and so they couldn’t tell what was sent to him.
The vehicle was never released.
Now there is a big storage charge and Belleville was ordered to pay it.
City Manager Diana Kollmeyer said the city will appeal the judgment, but in any case the $50,000 is covered by the city’s insurance. The city’s insurance attorney is handling the case.
Day said mediation didn’t work and so he asked for summary disposition since the city didn’t follow the statute. He said the documents the city filed showed they didn’t follow the rules.
Day said his client went to visit his car at J&T and found vines growing through the engine compartment and dried mud up to the bumper. Day said he got a claim for delivery and now the worthless car is at Goerlitz’s home in Taylor, where specific damages can be assessed.
He said the situation generated an attorney fee and now Goerlitz has a car that is not operable.
Goerlitz said he paid $2,500 for the car and put in about $500 more in mechanic’s fees before the incident.
“Belleville held the vehicle for seven years without any lawful authority,” Day said. “In September 2007, the criminal charge was over, it was no longer needed for evidence, and they didn’t release the vehicle. It should have been sold or released.
“Somebody needs to pay for the damage to his car,” Day said, referring to the way the vehicle was stored.
“He didn’t do anything wrong and it’s out of his pocket,” Day said.
“We tried to settle with the city and the city wouldn’t authorize settlement,” Day said.
Day said J&T got a $50,000 settlement for taking a $2,500 car and letting it deteriorate.
“It could happen to any citizen in Belleville,” Day said.
Day said if a mistake is made, the reasonable person wants to make it right, referring to the attorney fees necessary and the loss of a vehicle.
Under the ABAN statute if the police tow your car, you’re responsible for the towing and storage, Day said.
But he said charging $50,000 for seven years is excessive.
“I can’t believe all this happened,” a perplexed Goerlitz said.