Tow Truck Contractor to Pay DeKalb $142,000

The DeKalb Solicitor-General's office said Wednesday that after an extensive nine-month investigation, it found that   -- on Covington Highway near unincorporated Stone Mountain -- had sold 336 vehicles at public auction in the past two years without paying the county the profit from the sales.

As a result, the office said, the owners of the towing and used car business in unincorporated Decatur have agreed to pay DeKalb County a total of $142,349.25 in restitution in a pre-accusation agreement.

These preliminary results are part of ongoing investigation into six tow company operators in DeKalb County, according to DeKalb County Solicitor-General Sherry Boston.

 Cymill is paying the restitution in installments, the Solicitor-General's office said. The first payment, $40,000, was made last week, on May 3; the remaining balance will be paid in six equal monthly payments of $17,058.21 each beginning in a few weeks, on June 4. The final payment is due on or before Nov. 6, 2012, the office said.

The defendants agree to remain in compliance with the law, according to the announcement. If Cymill fails to make restitution, it will be dismissed from the pre-accusation agreement and criminal charges will be pursued, the Solicitor-General's office said. 

Here's information about the law in the office's announcement:

According to state law, tow companies may sell vehicles that have been abandoned for 30 days or more at public auction.  Before selling the car, the tow company is expected to file a lien on the vehicle with the Magistrate Court so the company may recoup its costs for the removal, storage and auction of the vehicle. Within 30 days of the sale, the tow company holding the lien is required to provide the Magistrate Court Clerk a copy of the bill-of-sale and to turn over any proceeds from the sale that exceed the lien amount. Violations of the statue are misdemeanors, punishable up to one year in jail ad a $1,000 fine per violation.

According to the Solicitor-General's office, some of the cars Cymill sold were a 2008 BMW, 2002 Cadillac Escalade and a 1999 Lexus; profit over the lien for some cars was as high as $8,400d.

“I am pleased and proud to recover these funds for our County, which could pay for any number of essential services like a bullet proof vest, breathing apparatus for firemen, or programs at a Rec Center for our kids," Boston said in Wednesday's announcement. "In these lean economic times, every penny counts.  I hope this settlement serves as a warning to other vendors who may not be in compliance with the law:My investigation is ongoing. Do the right thing. Come forward and become compliant. Pay what you owe.”