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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33554
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I recently purchased around $30,000 worth of vehicles &

Customer Question

I recently purchased around $30,000 worth of vehicles & epuipment. I was 4 days late to pick items up and was charged a huge fee that I later discovered was not legal pertaining to Fla State law on Storage Fees and Tow. One F650 would not start and run as it was when purchased, I contacted Auction Co(Seller) and was given permission to come back within two weeks to repair since the truck problem had evidently just happened. I also was given permission to park 1 f250 and trailer out of the gated area across the street where the auction co operated, so a relative could pick up by weekend. Two days after I got back to Ga, I received a email stating that the storage company which I'm being told is unaffiliated with the auction co. Now had towed my f250 back in the locked fence and was charging me a storage fee for the 2 trucks plus a daily fee for the pieces of equipment on the beds of the trucks and trailer. I need to know how to get my property, i have all titles and a invoice stating everything paid in full. Everything that they have done is against the law. Do I pay then sue or will the police make her release the property?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. You can ask the police to make them release the property but the chances are about 99% that they are going to tell you "it's a civil case". So you're going to have to pay them and then sue to get your money back. The other option is to go ahead and hire a lawyer and have them file for an injunction with the court forcing the towing company to release the vehicles and other property to you. The lawyer will be able to tell you whether your specific judge is likely to grant your request or if they are going to require that you pay them and then sue.Injunctions are what are known as equitable issues and thus are very difficult to handle so you're definitely going to need a lawyer to assist you.The steps to an injunction are:1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.3) A hearing on the TRO is set.4) The TRO and notice of Hearing is served on the defendant.5) The defendant should immediately begin following the judge's orders.6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.9) Discovery is conducted by both sides.10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:1) An immediate need,2) Which, if not granted, will result in irreparable harm,3) With no adequate remedy at law, and4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly. You can also sue for any damages you have in the same action as the injunction including attorney's fees, etc.
Customer: replied 1 year ago.
Ok, the company is not a registered or licensed Tow Company. There Llc is not even active. No police report was generated when they decided to move my vehicle either. Would it be possible to make them give me my personal items(equipment on trucks) since the law states that very clearly. If I can keep the charges to the 2 vehicles and trailer it would be a little easier to digest until suit. Also, can a certified letter sent by email be considered useable if not sent by normal mail. I did not open the attachment but noticed it said certified letter? Would be a new one on me.
Expert:  Dwayne B. replied 1 year ago.
Usually the police won't do anything although it certainly doesn't hurt to ask. A letter sent by email is not certified mail. That can only be done by the USPS.