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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33104
Experience:  16 yrs. of trial experience
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My car was illegally towed from my apartment complex. I have

Customer Question

Hello good evening my car was illegally towed from my apartment complex. I have a Parking decal & parking lot was having work done to it. They didn't even try to locate me, but we did get a notification of repairs
JA: What state is this in? And how old is the car?
Customer: Virginia & vehicle is an 05 Mazda 6
JA: Have you talked to a lawyer yet?
Customer: No I need advice on what to do please
JA: Anything else you think the lawyer should know?
Customer: No not at this time
Submitted: 4 months ago.
Category: Legal
Expert:  P. Simmons replied 4 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 4 months ago.
Thank you sir how are you today? Me myself I'm being challenged today as you can tell by my issue
Customer: replied 4 months ago.
I felt my car was towed illegally this morning from my apartment complex and there was a parking decal on my dashboard. They said they tried notify me, but my roommate & I didn't hear anything from them when all they had to do was trace the serial number from the decal
Expert:  P. Simmons replied 4 months ago.

Thank you

You mention they gave notice...can you provide some more insight into that?

Customer: replied 4 months ago.
sure, they sent out notices that specified the repair schedule of the parking lot and I had to move my car yesterday at the start of the repairs. I parked my car by our leasing office & we have tow warning signs which is the purpose of parking decals they didn't even try to locate me
Expert:  P. Simmons replied 4 months ago.

So this is the key question...the repair schedule they sent out...was that the one they followed?

Or did they deviate from that schedule?

Customer: replied 4 months ago.
No sir I don't think so, my issue is what's the purpose of the parking decal so they can look it up & knock on our door to let me know & I've only been her for a few months I'm only familiar with my parking lot
Customer: replied 4 months ago.
They did warn us of vehicles being towed on notice
Expert:  P. Simmons replied 4 months ago.

Thanks

Ok...the key here is if you had notice or not.
IF they sent you notice (to your address) and that notice had a schedule that was followed (in other words, if the notice they gave you informed the place you parked was a problem)? Then there is no issue.

But if they did not give you notice...or the notice was not followed?

Then you would have a case to sue to recover the towing/storage fees.

You could use small claims court to recover this money.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case. IF there are witnesses who can testify about what happened? Have them come as well.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 4 months ago.
Thank you sir
Expert:  P. Simmons replied 4 months ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

Customer: replied 4 months ago.
God bless
Expert:  P. Simmons replied 4 months ago.

:)

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