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car tow company

Discussion in 'Small Claims & Municipal Court' started by fayfayfry1973, Oct 13, 2007.

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  1. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    A tow company tow my car for know reason off private proerty. My manger told them not to tow from my unit but they did. I went the next morning to get my car and i returned home and told my manger. so she called the tow company and they agreed to returnto me a full refund.at the klast minute they back out. they also damaged my car. I went to small claims court but I fill out the papers wrong.,and i only had 14 days to sue who can i sue to get my money back and for my damages to my car. I think since i filled out the paper work wrong when i went to court my 14 days had ran out plaese help me.
     
  2. seniorjudge

    seniorjudge Super Moderator

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    try small claims again

    you have more than 14 days

    find a friend who speaks english to go with you
     
  3. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    they say when you sue a tow company you have 14 days to sue them
     
  4. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    A tow company tow my car for know reason off private proerty. My manger told them not to tow from my unit but they did. I went the next morning to get my car and i returned home and told my manger. so she called the tow company and they agreed to returnto me a full refund.at the klast minute they back out. they also damaged my car. I went to small claims court but I fill out the papers wrong.,and i only had 14 days to sue who can i sue to get my money back and for my damages to my car. I think since i filled out the paper work wrong when i went to court my 14 days had ran out plaese help me.i do speak english. thts what everone saays except
     
  5. mafioso

    mafioso New Member

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    Per your private message.....The seniorjudge is right! The law you mentioned may be in regard to certain circumstance but not one like yours.... You don't have only 14 days in such a case. Just go to a small claims court.............You have time. Just document all evidence and get repair estimates from 3 different shops.
     
  6. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    I already went to small claims court and i filled out the papers wrong and the judge dismissed the case because i sued the wrong party i live in texas the judge told me to consult a lawyer because in a tow case you have a limited amount of time to file suit so since i filled out the papers wrong it has now been almost 30 days it happened on the 18 of sept.
     
  7. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    sueing tow truck ompany alreday went to court but filled out the paper wrong sued the

    I already went to small claims court i went before the judge and i filled out the papers wrong and the judge dismissed the case because i sued the wrong party i live in texas the judge told me to consult a lawyer because in a tow case you have a limited amount of time to file suit so since i filled out the papers wrong it has now been almost 30 days it happened on the 18 of sept. A tow company tow my car for know reason off private proerty. My manger told them not to tow from my unit but they did. I went the next morning to get my car and i returned home and told my manger. so she called the tow company and they agreed to returnto me a full refund.at the klast minute they back out. they also damaged my car. I went to small claims court but I fill out the papers wrong.,and i only had 14 days to sue who can i sue to get my money back and for my damages to my car. I think since i filled out the paper work wrong when i went to court my 14 days had ran out plaese help me.
     
  8. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    already went to court filled out papers wrong judge dismissed my case who can i sue

    I already went to small claims court i went before the judge and i filled out the papers wrong and the judge dismissed the case because i sued the wrong party i live in texas the judge told me to consult a lawyer because in a tow case you have a limited amount of time to file suit so since i filled out the papers wrong it has now been almost 30 days it happened on the 18 of sept. A tow company tow my car for know reason off private proerty. My manger told them not to tow from my unit but they did. I went the next morning to get my car and i returned home and told my manger. so she called the tow company and they agreed to returnto me a full refund.at the klast minute they back out. they also damaged my car. I went to small claims court but I fill out the papers wrong.,and i only had 14 days to sue who can i sue to get my money back and for my damages to my car. I think since i filled out the paper work wrong when i went to court my 14 days had ran out plaese help me.
     
  9. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    Tow truck company riped me off please help I went to small claims court the judge dosmissed the case because i filled out the paper work incorrect I sued the wrong party
     
  10. mafioso

    mafioso New Member

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    Who owns the property your car was towed from?
    You talk of the manager.........Is it an apt complex?
    Is the tow company working for the apt complex? Or for who?
    Did you have the right and protection to park where they towed your car?
    What did the tow company say about your refund and damage claim?
    Has the manager tried to intervene to get you refund? What is the manager saying?
    I need to know to advice you on your best course of action..........
     
  11. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    thE PROPERTY IS A APARTMENT COMPLEX. THEY TOWED MY CAR FROM MY UNIT INWHICH THEY WERE TOLD BY THE COMPLEX MANAGER NOT TO ENTER CERTAIN UNITS AND MY UNIT WAS ONE OF THE ONES THEY WERE NOT SUPPOSE TO ENTER. aND ALSO WHERE I PARK THE TOW COMPANY SAID IT WAS A HANDYCAP SPOT AND IT IS NOT. THAT IS THE REASON FOR THE COMPLEX MANAGER TELLING THEM NOW TO ENTER THIS SECTION. SO WHEN I TOLD MY APARTMENT MANAGER WHAT HAPPENED SHE CALLED THEM UP AFTER I PAID TO GET MY CAR BACK AND THEY AGREED TO HER,HER ASSITANT AND ME TO GIVE ME A FULL REFUND OF MY MONEYS BUT AT THE LAST MINUTE THEY BACKED OUT AND DID NOT RETURN MY MONEY AND THAT IS WHY I TOOK IT TO COURT BUT WHEN I TOKE IT TO COURT THE JUDGE DISMISSEFD IT BECAUSE THEY SAID I SUED THE WRONG PARTY I PUT THE STORAGE FACILITY IN BOTH PLACES BUT ON MY RECEPIT THAT I RECEVIED FROM THE TOW COMPANY IT SAYS YOU HAVE 14 DAYS TO REQUEST A HEARING AND THATS WHAT I DID BUT BY ME NOT FILLING OUT THE FORMS CORRECT THAT MADE MY 14 DAYS PASS I LIVE IN TEXAS.
     
  12. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    tHEY TOW COMPANY WORKS FOR THE COMPLEX BUT THEY DID NOT DO WHAT THEY WERE TOLD THEY ENTER A UNIT THAT THEY WERE NOT SUPPOSE TO. wHERE MY CAR WAS PARK I DID HAVE ATHOURIZATION TO PARK THERE THERE WAS NO HANDYCAP PAINTING NOR IS THE POLE IN THE CORRECT SPOT SO THAT IS WHY THEY WERE TOLD NOT TO ENTER THESES SECTIONS WHICH IS MY SECTION AND THE UNIT DIRRECTLY BEHIND ME. whO EVER DID THE PARKING LOTS DID NOT POST SIGNS ON THE GROUND NOR IS THE POLE IN FRONT OF WHERE I PARKED MY CAR THE COMPLEX MANAGER DID TRY TO GET MY MONEY BACK AND THEY TOLD HER, ME And the assitant manager.that they would give me a full refund the complex manager wrote me a letter for court stating that they where told not to enter two sections and my section was one italk to there insurance company and they said if my damages were under 500 hunder that it is the tow companys esponsibilty to pay if they did not want to give my money back for paying to retreive my car why should i think they will pay are take responsablity for the damages caused to my car please help me get a refund and my damages paid for
     
    Last edited: Oct 15, 2007
  13. mafioso

    mafioso New Member

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    You have to go to a small claims court and sue your apartment complex and the towing company jointly. You have no contract or relationship with the towing company. If your manager is playing nice with you, then she/he should do the right thing. They should refund your money and solve their problem with the towing company which they have a contractional agreements. You should stay out of their problems and sue them jointly. Don’t think the complex is on your side…………They should handle this not you. You can officially send them a registered letter to pay your money back within 30 days or you would press charges. If they fail, sue them for the damages, legal cost, towing and any other things……(there is no limit for the time to sue your complex like you allege with the towing company. I don’t buy the two weeks thing you claim……….It would not apply here given it would even be a joint suit). You would not be help against the two weeks whatever because you were working with them and only sued when it failed. Document all your evidence and go for it if they don’t react positively. Remember it is your apt complex’s management which failed to protect your car and get a refund….not the tow company.
     
  14. mafioso

    mafioso New Member

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    Question:What if the tow company who towed my car even though there were know signs are wrong doing in my part i would say the tow company stole my car i really dont want any cofussion with me and the apartmentsstole my car because it was not at all park illegally

    Answer…
    Post all your questions on forum except questions which involve personal stuff...........You can send me a message to respond to your post after you post it. You can't have it both ways. You have no contract with the towing company and can't sue them. They act on instructions from the apt complex management. So if you sue them how do you know if they violated their agreement with the complex. It is not your place to deal with their agreement with complex but to hold the apt complex responsible for violating your agreement with them(complex)……You have to sue both of them. You either want your money or want to worry about the friendship with the apt...I can tell you only about the law and not about how to keep friendship.
     
  15. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    could you tell me under what law this falls. so when i go to talk to my apartmant manager i could ay least act like i know what i am talking about
     
  16. mafioso

    mafioso New Member

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    The law in such case is contract law:Your apt complex has failed to offer the protection of your property (car), yet you respected their rules and policies....read your leasing agreement. That is where the law which concerns you is. You complex has admitted a mistake was made. But you are not the one to remedy the mistake. The complex should remedy it because they are the ones who have an agreement with the tow company. They can even cancel their contract with the tow company if the company is not complying. They should give your refund or face a law suit. Stop worrying about what law to show them...it is right there with you, it is your leasing aggrement. They know the can take care of this and are just giving you a go around….. If I refer you to contract law, it would tell you about now contracts are to be written to make them valid, and how to interpret them, the various parts which must be cover in the contract and general stuff. It would not tell you details about your problem but interpretation of your own contract with the leasing office........... The policy your complex violated is your lease contract. You are facing a penalty without any violation. That is what they violated. That is all you need. They failed to protect your car yet you respected their rules. The complex towed your car by mistake. The tow company is a third party you have not agreement with. You have no control over the tow company. So you (first party) and complex (second party) had a contract. The complex (second party) has breached the contract and so they should solve it. Read about contract law……
    http://www.west.net/~smith/perform.htm
    The complex is just playing with you and does not care. They are taking advantage you and you are making them succeed. They are making you do their legal work. If the complex wants you to get your money, they would do that in a second. One phone call to threaten to cancel the contract with the tow company would solve the problem. The complex should even give your refund while they, not you, fight with the tow company. If you can't understand this, just call a local lawyer in your area for advice. Initial consultation is free in most cases. They would tell you the same think. If the complex liked you or was on your side, they would not suffer you this much. You fail to realize they are not your friend and just playing you around. Good tenants deserved to be treated a lot better that this. You are trying to sue people, who don't know you, don't have an agreement with you, and who answer to the people claiming to be your friends (manager). Wake up! In law you don’t study your particular case. But you study cases like rights of third parties to sue. You can sue the second and third party in such a case. Sue just the third party can let them be acquitted. Sue both to cover any loose ends or you could spend double doing it again.
     
    Last edited: Oct 16, 2007
  17. mafioso

    mafioso New Member

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    Per your private mail, I am happy to learn you attempted sending them a letter and phone notice of your intention to sue, and the apt complex corporate is panicking to return your expenditure. Good job! To your last question, don't worry about retribution from the complex; you seem to be a good tenant.............they need you and you have thousands of other choices. The customer is always king!
     
  18. fayfayfry1973

    fayfayfry1973 Law Topic Starter New Member

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    THey have not call me back yet and it has been two days since i talk to the corporate office should i give them a couple more days before calling to check out there intention. are should i just go ahead and take legal action.

    as far as the complex i live in it a very large complex they are town homes i pay over 1200. a month for rent. I am telling you this to see if you really think they are going to return my money on there on for the tow and damages are do you think i may have to presue this in court because like i said earlier they have not call me back and when i hung up the phone she said either she are the apartment manger will be contacting me but she did not state when. please advise should i call she back are give her until nmonday and see where i stand.
     
    Last edited: Oct 18, 2007

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