Legal Advice?

[Sain Cai]

K here is my problem. My car was towed by the landlady when I was moving to a new apartment. As I was not on the lease of my ex-roomie, the roomie said she didnt know whose car it was.

Now the issue isnt that my car was towed, it was off the road (Not registered) but this:

I called the landlady and she said she didnt have the car towed. I went to report the car stolen, but the police said she did have the car towed (as I now have said copy of the report stating the landlady did have it towed). I contacted the landlady again and explained that I have a police report stating that she towed it, but she insists she didnt.

Meanwhile I have no clue where my car is, and seems no one else does either.

Would I have the right to bring a small claim for the value of the vehicle against the landlady, as she is basically not telling me where my car is?

It is now at the point where storage fees are almost 1K, not to mention the running around and phone calls trying to locate my car, so retrieval is impossible.

 

[TSO]

I would think you certainly do have the right to find out what happened to your car. How do the police know she towed it? Did she tell them she did?

 

[Sain Cai]

Supposedly they were there to supervise the towing, which I understand if a crazy person tries to fight the tower or whatnot. I know my car had every right to be towed, so I m not upset on that, but rather the landlady insisting she didnt tow the car. Its been wherever since 1/26/09, and I certainly wouldnt have the cash to get it out of where its stored not to mention get my stuff out (golf clubs in trunk crappy, but still mine among other stuff)

 

[Darknight]

How much is the car worth?
Iv had bombs towed before and I just said crush it or do what ever the ---- you want Im not paying to get it back.

 

[Dynash]

It'd make her pay for the overnight charges for the amount of days it's been there, since she's keeping her gob shut, your bill is mounting all because of her.

 

[Sain Cai]

technically the value of the car (as according to excise tax) is $1600. The car was not worth it but as no one can see the value, how can they judge lol

 

[TaoPhoenix]

Suggestions

(Intro remark - seems people start with posting "legal questions" to people they trust the character of before going to an official lawyer.) Not A Lawyer Am I, but here's my best attempt at sensible advice.

First: Separate the questions. The last straw of hysteria is comingling the mess.

A. Where is the car?
B. Negotiate with the towing company over what, if any fee, you have to pay. I'd expect to be prepared to pay the initial release fee, but you can probably get them to drop the nightly charges.

A. Locating the car
A1. Since the police seems to believe the landlady towed it, do they know where it is? Maybe not right off hand at a desk clerk, but I bet they can dig it up within a day.
A2. Supposing the police are occupied or otherwise not so helpful, *the tow company* knows. You're already suffering, so PainsInRump are to be expected to solve it. Some garden variety landlady isn't going to have an exotic company tow your car. There can't be that many holding garages in the area. Some 15 calls later you'll probably dig them up yourself.

B. Tow companies know they are "this side of grand theft auto" so they usually keep records. They're going to have a work slip that *shows* who called in the tow. Let's presume it's your landlady. Faced with a tow slip record, she'll shut up. Direct the tow company to bill her for the tow she insisted wasn't hers. Your ace is that the police are "on your side" this time around. Maybe ask the police officer to be a witness to her saying she didn't call in the tow, so that when the tow slip says she did, she'll know she's on the edge of big trouble.

C. If by some miracle it isn't her, you'll have to figure it out. But your basic defense to any holding charges is that you have not received notice of the tow, so you had no opportunity to retrieve it.

D. If you discover the tow location and are now pleading that you are too poor to pay the basic recovery fee, post a reply note stating fianncial woes. Maybe we can start a collection or something.

 

[Sain Cai]

Unfortunately Tao, the police have no clue who towed, as it was a private tow. I have the copy of the police report, that states the landlady towed the car. It does not show who towed it though.

I am amazed how she still says she didnt tow it. Now if she didnt, and someone falsified her name, the police report states she did, and will be hard to 'prove' otherwise.

If I could get ahold of the tow company (which I called everyone in the city), then I could have made arrangements. But sadly none towed my car.

Also I havent the cash for lawyer, I will have to see if there is a legal aid for us poor people lol

 

[TaoPhoenix]

Hmm... you already tried 3/4 of my hints.

We're still at Locating AutoBubble. If I've learned anything these last 5 years, it's that Things Can Be Found in the digital age.
Maybe a cheap ad in the paper like "$50" (or whatever your equivalent) to who ever finds the tow company that has my car". Maybe some obsessed type will call literally every tow company out there. Or maybe word will get around to the tow company itself.

 

[foo2thabar]

There's only one solution.

 

[iBrightDev]

the cops should be able to tell you where it was towed to. :S it just doesnt make sense. someone is lying to you.

 

[Wojtek]

I smell a Judge Judy case in the making

You American ey? Sue her for the towing bill, lost salary and depression. With the police rapport as your proof. If trial finds out she really did not tow it, sue the police force for misinformation.

Hey, it's a win-win situation for you.

 

[stuffradio]

Judge Judy ftw? Pew pew pew! You could also take it to Peoples Court haha

 

[foo2thabar]

Judge Joe Brown.

Now that's a gangsta.

He even lives in Memphis, Ten-a-ki.

 

[[JSH]John]

Have you found out where it is yet? I'd be really annoyed if I couldn't get my car back after some idiot had it towed.

 

[Volt.Networks]

the cops should be able to tell you where it was towed to. :S it just doesnt make sense. someone is lying to you.

There was an odd case in my area about a month ago. Some lady had her car towed because she illegally parked it in an alley by an apartment complex. She checked with the police but they could not locate her car so she bought a new one shortly after. A few months later, the police call her and say they located her car. It had been impounded the whole time. They just messed up the paper work so they couldn't find it for her. :tired2:

Check with the police, they should be able to give you more information as to its whereabouts.

 

[impactgc]

First you have no case against the landlord..

"Direct the tow company to bill her for the tow she insisted wasn't hers. Your ace is that the police are "on your side" this time around. Maybe ask the police officer to be a witness to her saying she didn't call in the tow, so that when the tow slip says she did, she'll know she's on the edge of big trouble. "

If the police took a report on this -- then they should have documented the company that towed it. Start calling local tow companies and find your car.

Bottom line is the landlord has the right to remove items from her property. Normally a towing company would call you and let you know they have the vehicle-- since they want the money not your property.

And all this while the car wasn't registered. Which maybe another strike against you-- depending on where you live.

Good luck.

Adam

 

[Sain Cai]

First you have no case against the landlord..

"Direct the tow company to bill her for the tow she insisted wasn't hers. Your ace is that the police are "on your side" this time around. Maybe ask the police officer to be a witness to her saying she didn't call in the tow, so that when the tow slip says she did, she'll know she's on the edge of big trouble. "

If the police took a report on this -- then they should have documented the company that towed it. Start calling local tow companies and find your car.

Bottom line is the landlord has the right to remove items from her property. Normally a towing company would call you and let you know they have the vehicle-- since they want the money not your property.

And all this while the car wasn't registered. Which maybe another strike against you-- depending on where you live.

Good luck.

Adam

I am not disputing the tow itself, but the lack of telling me where my car is. Police report state the landlady towed the car, but the tow was a private tow so they do not have that information (because it wasnt a police tow). Then the landlady still says she didnt tow the car (again contrary to the police report.

I have no clue who towed, as I had called every tow company in not only the town I was in, but surrounding towns. I even checked salvage yards (I had originally thought my ex roomie had it towed/sold)

I am going to end up just bringing the case to small claims for the value of the vehicle, minus any tow fees. Even if the landlady towed the car, she did not provide me with information of where it is, which she does not have the right to do.