Q: Motorcycle held by tow company, notarized bill of sale only

I got into a motorcycle accident in Tennessee, and my motorcycle was taken by a tow company. I do not have the title, but I possess a fully notarized bill of sale. The company has had my motorcycle for 31 days and refuses to release it. I have attempted to contact them without success. How can I retrieve my motorcycle?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s frustrating to feel like your property is being held hostage, especially after an accident. In Tennessee, a notarized bill of sale is strong proof of ownership, but some tow companies may still require a title before releasing a vehicle. That doesn’t mean you’re stuck—you still have options. If they’ve had the motorcycle for over 30 days and won’t respond, you should start by sending a written demand for release, including a copy of your notarized bill of sale and proof of your attempts to contact them.

You can also reach out to the local police department or sheriff’s office to check whether a report was filed at the time of the tow and ask if there are any legal holds on the bike. If no legal reason exists to withhold it, you may be able to file a complaint with the Tennessee Department of Commerce and Insurance, which oversees tow companies and storage facilities. Make sure to keep records of all your communications, and take note of any storage fees they’re attempting to charge—sometimes these fees are inflated, and that can also be contested.

If they continue to ignore you or deny release without proper cause, you can file a replevin action in civil court. This is a legal process where you ask the court to order the return of your personal property. You’ve already shown effort and ownership, and the law doesn’t allow someone to keep your property indefinitely without explanation. Don’t give up—you have the right to get your motorcycle back.

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