The Police towed our car illegally, and they don't even have the paperwork right, do I have a lawsuit?

Question

The police towed our car that we just purchased, we are awaiting the title which will take a while, and until then we can't get plates. The police came and towed the car, and when we called to pay for the release, it happens that their paperwork says another car (that we own as well). They insist that the car they towed away is the one sitting at my house now. And they towed the car because the neighbors across the street could not park their moving truck in front of our house with our cars sitting on the curb. What is wrong with this picture???? Is there something we can do? So far it is costing $125.00 and days of fustration. Can the police treat us this way and victimize us? They also never gave any notice before towing it away no orange stickers, no tickets nada!!!!

Answer 1

Police have a kind of immunity from suit for things they do in the course of their duties. You can always sue if you have the filing fee and money for service of the papers, but will you win, and how much?

If your car was on the street, unregistered, and blocking legitimate vehicles from accessing that space, I suspect they had adequate grounds to tow it, and, of course, without registration, they could not find out who owned it and where they lived, and I suspect you did not ever consider calling the police to let them know you were doing that, just in case someone crashed into your car.

Your car was illegally on a public way, from the sounds of it.

Now, the paperwork is another question, and may have been completed negligently. But nothing happened to THAT car, right, so what harm can you prove?

Answer 2

First of all, I don't understand why they towed your car just because your neighbor from across the street couldn't park their moving truck. It's their moving truck and therefore they should park it on their side of the street. Your car should not have been towed for that. On top of that the policeman screwed up your paperwork which clearly shows their incompetence. They also would've given you notice before towing your car away. Since you didn't get a notice, and there was no reason your car would've been towed, the cops did perform a big mistake. They showed no papers saying they were authorized to do that and so I clearly believe you have a lawsuit. By the way, don't think I'm just some punk giving you info. I'm actually a law student.

Answer 3

you can sue anyone for anything (ridiculous in my mind). remember when you sue, the city loses money and now your stickers will go up, taxes go up and so on. so try to solve a problem without a lawsuit. why was a lawsuit the first thought? that disgusts me, but back to answering the question.

first, your vehicle was parked on a street without proper registration. the vehicle is technically parked illegally and may be considered abandoned. many villages place a tow sticker on the car and tow it later, but if your vehicle was considered a hazard, then it can be towed immediately.

parking on the street is a privilege and by taking away your privilege does not mitigate the right to a lawsuit.

the error in the paperwork was made in good faith, therefore the police cant be sued for an error like this. like you said the error is clerical and in the end, they have one of your cars. whether or not the car they say they have is the correct model, they have one of your cars. end of story. no need for a lawsuit, but maybe request a hearing through the village to discuss your ordinance violation.

Answer 4

Towing your car for being parked on a city street without the proper plates and tags is not illegal.

However their negligence with the paperwork causing you quantifiable loss is grounds for a claim. You will most likely have to pay for the car to be released no matter how long it takes to sort out, then take them to small claims court for what you feel they owe you in losses. Which would be anything from the day you went to reclaim the vehicle.

Edited to add: Be sure to keep good records of everyone you talk to, when you talk to them, and what they say. This will go along way to prove your case.

Good luck.

Answer 5

Are you sure your neighbors didnt make up a lie to the police first? They do not have to give notice to tow your vehicle. Taking them to court is going to cost much more than what your outcome will be

Answer 6

They don't need to give you any warning about a tow, also if I were you I would pay to get your vehicle out now because every day that its in there they will charge you more and more and more. pay them then ***** about it.

Answer 7

a lawsuit, not likely, if they had it towed, the had probable cause in doing so......

Answer 8

lawsuit yes if you have the proof of them taking it illegally

Answer 9

yes