my apartment complex put a sticker on my car because it didnt have any plates. well i got the insurance on the car and put plates on it. they towed my car anyway. the tow truck didnt look to see if it had plates, neither did the apt complex. they are trying to say thats its my fault because although i put plates on the car i should have come talk to them first. the manager told me he would review and call me back. now one week later i still havent heard from anyone. i called and talked to the assistant today and they are trying to tell me they decided it wasnt there fault either and i need to pay. what you think
2007-10-23 07:14:24 · 4 answers · asked by MACK 3 in Politics & Government ➔ Law & Ethics
They should pay. But you will first have to pay to get your car back. Save all of your receipts and keep your documentation so that you can prove your car was legal when it was towed. Then you will have to file a small claims case to recoup your money. Either that or you can talk to a lawyer to see if they are interested in your case. I believe that they can sue your apt. complex for their lawyer fee. Make sure that you find that out before you hire a lawyer. Good luck.
2007-10-23 07:20:23 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The tow truck guy has the apartment complex sign a document that says something about the legality of what they are doing.
You should have a local court system (similar to judge judy) that can decide this for you and filing fees could be anywhere from $10-$50 (small claims court). This filing fee is recoverable should you win.
Hopefully, you still have the sticker, the info that shows when you got the plates, and the slip from the tow truck guy. If you do not, you may be able to get something from the apartment in writing by writing them a letter, or have a friend come with you when you go talk to them so they could later testify to what they said.
Generally, a court will not allow attorney's fees in this case because in the American system, each side pays for their own attorneys fees unless statute dictates otherwise. Also, an attorney will be willing to represent you only in the case that the attorney can make money out of this. This doesn't mean that you would not win, only that you won't get enough money to make it worth the attorney's time.
Figure this out by averaging the attorney's fee at $100/hour
2007-10-23 14:22:09 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 1⤊ 0⤋
You should pay. You failed to completely resolve the issue you created. It is not the job of the tow truck driver to check to see if you have current license plates.
2007-10-23 14:23:01 · answer #3 · answered by davidmi711 7 · 0⤊ 2⤋
Seems like they should pay, but don't know all the pages of your lease. They cover themselves very well. You might try for fifty fifty split.
2007-10-23 14:27:19 · answer #4 · answered by Mister2-15-2 7 · 0⤊ 1⤋