Recovery of Proceeds from Impound Lot Sale Settlement
NOTICE OF OFFER OF SETTLEMENT OF CLAIMS REGARDING SALE PROCEEDS FROM SALE OF IMPOUNDED VEHICLE PURSUANT TO Minn. Stat. § 168B.08
THIS NOTICE IS TO INFORM YOU ABOUT YOUR RIGHTS CONCERNING RECOVERY OF EXCESS PROCEEDS COLLECTED FROM THE SALE OF VEHICLES IN POSESSION OF THE MINNEAPOLIS IMPOUND LOT PURSUANT TO Minn. Stat. § 168B.08
If you were the owner of a vehicle that was towed to the Minneapolis Impound Lot, and that the vehicle was sold at auction between March 1, 2006 and Oct. 1, 2012. You may be eligible to file a claim for the excess proceeds collected from the City’s sale of your vehicle.
To learn how to file a claim, and to read more about the class action complaint, see the information below. Please note that there are deadlines to file a claim, and those deadlines are listed below.
On January 3, 2012, Garr White, a resident of Minnesota served a class action complaint against the City of Minneapolis alleging that the City provided improper notice of his rights to recover proceeds collected by the City of Minneapolis from the sale of his vehicle by the Minneapolis Impound Lot.
State law permits the owner of an impounded vehicle to recover the proceeds of any sale by the City of Minneapolis of the vehicle that are in excess of the cost costs incurred by the City if the claim is made within ninety (90) days of the sale. Minn. Stat. § 168B.08, Subd. 3, states:
Subd. 3. Sale proceeds; public entities. From the proceeds of a sale under this section by a unit of government or public impound lot of an abandoned or unauthorized motor vehicle, the unit of government shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle pursuant to sections 168B.01 to 168B.101. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the treasury of the unit of government.
As part of the City’s agreement to settle Mr. White’s claim, the City agreed to permit any person who has had his or her automobile impounded by the City of Minneapolis and sold by its impound lot after March 1, 2006, to file a claim for the proceeds collected by the City from its sale of the vehicle, if any, as defined by Minn. Stat. § 168B.08, Subd. 3. This agreement is to pay the owner the remainder from the proceeds of the sale only; the City will not pay interest or penalties of any sort.
If you timely submit a claim, and you were the owner of the vehicle at the time of sale, the City will reimburse you pursuant to Minn. Stat. § 168B.08, Subd. 3, if any excess proceeds were collected. If your vehicle was sold for less than the City’s recoverable costs under Minn. Stat. § 168B.08, Subd. 3, the City will not issue a reimbursement.
If you do not submit a claim within the time limits established by the settlement, the City will not reimburse you; it will keep the excess of the proceeds as permitted in Minn. Stat. § 168B.08, Subd . 3.
How to File a Claim
Download a claim form for this settlement (pdf). You may also contact the Department of Public Works, Impound Lot at 311 (or 612-673-3000 for calls from outside the Minneapolis city limits) and ask for a claim form to be sent to you. Claim forms may be picked up at the Minneapolis Impound Lot. Mailed inquiries will be accepted at:
Surplus Sale Proceeds
33 N. 9th St. – Room 100
Minneapolis, MN 55403
The claim form will ask you to provide proof of ownership of the vehicle when sold, identify the vehicle by license plate number or Vehicle Identification Number (VIN), and the date the vehicle was towed.. If you are eligible for a refund, you will be asked to provide additional information. Claim forms must be posted by U.S. Mail to the address above within the time limits. In order to receive payment of the proceeds of the sale of your vehicle, you will be required to release any claim that you might have associated with the City of Minneapolis’ sale of your vehicle.
|Dates of Sale||When Accepted|
|Sales between March 1, 2006 and Feb. 1, 2008||Claims will be accepted no later than Feb. 1, 2014|
|Sales between Feb. 1, 2008 and Oct. 1, 2012||Claims will be accepted on no later than the six year anniversary date of the sale|
All claims postmarked or delivered after the time limits above will be rejected as untimely.
PAYMENT FOR THE PROCEEDS OF THE SALE OF YOUR VEHICLE, IF ANY, WILL ONLY BE MADE WITH YOUR AGREEMENT TO RELEASE ANY CLAIM THAT YOU MIGHT HAVE ASSOCIATED WITH THE CITY OF MINNEAPOLIS’ SALE OF YOUR VEHICLE.
51 Colfax Ave. N.
Minneapolis, MN 55405
Phone: 311 or 612- 673-3000 if calling from outside the Minneapolis city limits
Last updated Jul. 29, 2013