VW Credit, Inc. v. Township of Englewood (2024)

Court and date: D.N.J., Judge Jamel K. Semper, June 3, 2024. The full eleven-page court opinion was retrieved from GovInfo on October 17, 2026. The opinion is marked not for publication; it is a federal application of New Jersey law, not a New Jersey Supreme Court decision.

Facts

VW Credit held a perfected lien on a Volkswagen left at Bergen County Collision after an accident. The owner wanted to pursue insurance and possible repairs. The tower alleged that VW Credit’s delay in retrieving the vehicle generated storage losses and counterclaimed for unjust enrichment. Its pleading did not allege a police-directed tow or that VW Credit hired it to repair the vehicle. See opinion pp. 2–3, 7–10.

Holding

The court dismissed the tower’s unjust-enrichment counterclaim without prejudice and denied its cross-motion to dismiss VW Credit’s complaint. It found the necessary direct relationship inadequately pleaded. It separately explained that the 2023 amendments imposing specified reasonable towing/storage fees on lessors and lenders address police-authorized nonconsensual towing; the pleaded facts described a private tow. See pp. 6–11.

Reasoning

The court distinguished an owner’s personal repair/storage obligation from a lender’s perfected property interest. Its statutory discussion quoted N.J.S.A. 56:13-16 and 2A:44-21 and noted the lender-priority clauses in 2A:44-21 and 39:10A-20. It rejected an unsupported attempt to expand the police-tow amendment to every private storage demand. The court also treated the tower’s post-answer dismissal motion as a Rule 12(c) motion. See pp. 4, 7–10.

Practical impact

For buyers and operators, the tow’s authorization, contract and notice record matter when evaluating claimed charges. This decision did not determine title after a completed lien sale, reconcile every part of 39:10A-16 with -20, or award final replevin relief. Its dismissal was without prejudice; the procedural posture limits the conclusion.

Good-law status

needs_verification. Historical court, date, disposition and text are verified against the official full opinion. Exhaustive later orders, amendment of pleadings, appeal and subsequent treatment were not established. No still_good conclusion is inferred from the 2024 date.

Applies in

new-jersey · towing-storage-and-mechanics-lien-sales · motor-vehicles

Disclaimer: Legal information, not legal advice. Verify the full opinion, current law and subsequent treatment before acting; consult a licensed attorney.