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I am very sorry for your situation. At this point, you have two options:REPLEVIN REMEDY
The first that one can do is file for a Writ of Replevin
in Court against the towing company. Replevin is the procedure where any person may recover personal property that is wrongfully detained by another and recover any damages by that wrongful detention or taking because you are deprived of the use of your property. In short, you may then recover the vehicle if you can show that it was towed wrongly and you had a right to be there. A sample replevin petition may be seen here
The bad part is that this may take some time to be heard in Court. This can be 1-2 weeks to several months, depending on your local court's docket (you can call ahead and get a rough estimate). While there is always the possibility of asking for temporary orders
for the vehicle to be released while the main hearing is pending, this may involve several trips to the Courthouse. The storage company may also try to sell the vehicle in the meantime.
Once the matter is heard, then the vehicle is ordered released if detained improperly.NEGLIGENCE REMEDY
The alternative remedy is to pay the fine, get the vehicle released, but then sue the management company and/or the owner for negligence
in small claims
court - see here
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Negligence is defined as the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach. (Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507, 525; Mieher v. Brown (1973), 54 Ill.2d 539, 541. See also W. Keeton, Prosser & Keeton on Torts § 30, at 164-65 (5th ed. 1984).)
Here, they had a duty to ensure that the vehicle would not be towed and correctly identify it as a vehicle that was not towed, and they failed in this duty. You can sue them for the cost that it took to get the vehicle out, and any reasonable fee that you had to pay for a rental in the meantime.
Finally, even if you choose the replevin choice and get the vehicle that way (without paying a fee), you may STILL arguably file against the landlord/management company for the two to recoup the legal fees of filing for replevin and/or the rental fees.
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