The other tenant could not find a parking space so she decided to tow my vehicle which was parked on my assigned parking space. She did not call or knock on the door to confirm if that vehicle was mine. The manager hapends to be the lady's mom. I've told the manager they are responsible for paying the tow bill. They are refusing to pay the entire bill. They want to split it half. However it was not my fault and how can she ask me to pay for something that was completely not my fault. What are my options.
2007-08-01 10:16:14 · 13 answers · asked by Silvia L 1 in Politics & Government ➔ Law & Ethics
First take the half, then sue them for the other half.
Sue them in small claims court for the money (go to the website for the courthouse in your area), they owe you all of it if it was your spot. You can also add damages to the suit because the apartment manager has to approve all tows on the property and she committed fraud if she allowed your car to be towed from your own spot.
2007-08-01 10:21:50 · answer #1 · answered by Hillary 6 · 0⤊ 0⤋
Sue them and add additional fees (court cost, time) for them not acting reasonably and paying you the full cost for the towing. Judges are reasonable and this seems like a clearcut case. It was your space, your car. They called the towing company without verifying who owned the car. It was malicious intent on their part. The good thing is you know who called the towing company. They shouldnt have called the towing company because they had no right to claim the space in the first place. You have that right since the parking space was assigned to you. You do have this in writing right? I hope it doesnt say that the manager has the right to who uses the space. The towers should have verified that the tenant was the owner of the space before towing, so maybe you can get your money back from them, and they can sue the tenant.
2007-08-01 10:32:08 · answer #2 · answered by gamerx15 2 · 0⤊ 0⤋
I don't know what state you are in but this sort of thing usually holds up in small claims court. By the way, did you report the vehicle stolen? If you did, then you would have a report on file. You will need to put some money out up front but you should:
a) report the car stolen and file a report with the police department. Get a copy of the report for your record.
b) go to your local court house and file a complaint for small claims court and pay the fee. As the plaintiff, you request reimbursement for your inconvenience i.e., the court fee, the towing fee and the time you missed from work (yes this is legitimate).
c) pay for the towing fee and get a copy of the bill from the company as proof.
The defendant will get the summons for court which gives them the opportunity to either settle out of court or attend the hearing. If they do not show, you win. Chances are they would want to settle out of court. If it's too late to say your car was stolen you can still file a claim in court. Some jurisdictions will have a statute of limitations as to how long you can report a theft.
2007-08-01 10:35:04 · answer #3 · answered by jahmas001 1 · 0⤊ 1⤋
Actually I believe you can make a police report. The tow truck company could not legally tow your car without the manager signing for it. The tenant does not have the authority to have your vehicle towed from private property.
2007-08-01 10:25:24 · answer #4 · answered by Landlord 7 · 1⤊ 0⤋
I agree. Small claims court. In addition, I would contact the owner of the building in writing, notifying them of the manager's actions.
If I owned a building and the manager I hired to run the place did something like that, I'd want to know about it. An owner of a business is likely to realize that a manager like that will end up costing them clients and money. They may even take care of the matter for you without your having to go forward with a small claims case...
2007-08-01 10:24:51 · answer #5 · answered by Merissa F 3 · 1⤊ 0⤋
You Have to retrieve your car. Do so. Then whatever it costs go to small claims court in your area and file a small claims suit. Be sure you save all your receipts and proof of the incident. You don't want to pay a lawyer for this since it should be a few hundred dollars. Then chalk it up to an idiot.
2007-08-04 20:36:41 · answer #6 · answered by Gary 4 · 0⤊ 0⤋
If she was the managers daughter then she might have known the car was yours and in the right place so she could be charged with taking it without permission or stealing. If found guilty she might have to pay restitution.
2007-08-01 10:25:50 · answer #7 · answered by john c 4 · 1⤊ 0⤋
If you live in an apartment complex then every state has an Apartment Association. They make sure that the leasing companies are fare to the tenants...contact them
2007-08-01 10:25:00 · answer #8 · answered by Jessi 7 · 0⤊ 0⤋
You could always report the vehicle stolen to heat things up a bit.
2007-08-01 10:30:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Your options are to eat the cost or take them to small claims court.
2007-08-01 10:20:40 · answer #10 · answered by davidmi711 7 · 0⤊ 0⤋