Who should I sue?

[qosisof]

We currently rent a home in Las Vegas NV from the homeowner who lives out of state. Our vehicle was towed from our driveway back in Dec stating that our driveway is a FIRE LANE. When we contacted the HOA to seek reimbursement, they said there are signs that indicate towable offenses and that should be enough. The signs state "No parking in cul de sac" so our issue is cul de sac does not equal driveway. There are no arrows or anything to indicate the signs mean driveway.

We are wanting to go to small claims court to recover the damages, but who should we sue? The HOA for having improper signage? The towing company for towing without prior approval?

What's more interesting is that the towing company says they can tow when a vehicle is in a fire lane without approval. This is the case in NV; however,we circle back around to whether or not our personal driveway is considered a fire lane and what the signs around say and if they are in fact enough.

I don't know who to bring to court on this because I believe this was wrong in many different ways. Any advice would be appreciated. Thank you.

 

[mightymoose]

The documentation from the tow should indicate who authorized it. You want to sue that person/entity. A tow out of your driveway was most likely a bad move on their part.

My only question is regarding the layout of your property. Does a fire lane run alongside the driveway, and if so were you parked in it? Take photographs of the area and of the signs. Bring them to court with you. Yes, small claims is the proper venue.

 

[army judge]

Good luck suing the HOA.

Those creeps are almost as hard to sue as the federal government.