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David Stewart
David Stewart, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 373
Experience:  Highly experienced Consumer Protection attorney
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My car was towed last night from my apartment complex. I

Customer Question

My car was towed last night from my apartment complex. I went to pick up my car and was told that he could not release it to me due to my last name being different on the registration and license. He slammed the door in my face and told me to come back Monday. I contacted the police who verified that this was not the case and stated the car was registered to me. Police told the towing people to release my car and the towing guy left for lunch.
I called back the police to let them know and then another guy showed up in a tow truck telling me that he could not help me and that he needed to go bc of a family emergency. He told me that my names didnt match up and to come back Monday, then threatened to call the police on me for tresspassing. In the meantime, the guy that went to lunch came back and asked if I'm going to pay him. I told him that I wanted my car back and he said I had to pay him and if I contined my attitude he wouldn't release the car to me. I contacted the police again who then told the guy he had to release my car. When I took out the Credit card to pay he told me they only accept cash. I know for a fact that: according to vehicle code 22658 they need to accept visa or mastercard or pay me back up to four times the cost. I finally got my car back with my registration missing I confrontd him about this and he acted as if he didnt know what I was talking about. I showed him a picture of my registration which clearly had the same name on it as my drivers license and told him that I knew what he was up to. I would like to take them to court and get reimbursed all my money due to emotional strain it put on myself. I wasted 3 hours there and had to pay a babysitter as well.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  David Stewart replied 10 months ago.

Sabrina: this sounds like a very unfair situation. I would suggest you determine how much money you are out for the babysitter and some additional for your time and write a letter to the place that held your car explaining they were wrong to do this and also that they ignored the police when they told them to release your vehicle. Tell them to pay you within five business days or you will proceed with a small claims case. If they don't pay, you can then go to the small claims court in your county and ask the clerk for the paperwork you can fill out for a small claims case. You will then file the case, get a court date within usually only 30 days, and then send all of it to the people that should not have held your car. You will want to appear at the hearing and I would think the court would award you something in this case because the company did not handle this situation properly at all. I also think they may offer you something to get you not to file the small claims case just by taking the time to send them a letter and telling them you will file if they do not make this right. I hope this helps! All the best, David

Customer: replied 10 months ago.
Thank you David . I truly appreciate your time. Although I think It is a great idea to write them a letter, I would feel it would seem better coming from a lawyer. Is there a possibility of have your or someone you work with write this letter and send it to the towing place? I don't know who the owner is and I'm afraid that if just anyone opens this letter they will disregard it immediately and think nothing of it. If you writing the letter is a possibility, please let me know what your rates are.Regards,Sabrina Acatrinei
Expert:  David Stewart replied 10 months ago.

I am unable to assist you with the letter. However, I would think you could google consumer protection attorney in your area and find someone that would help you. I would not expect it to be very expensive and it may be good to get a free consultation from a local attorney to see if they think you have a solid claim. Good luck with everything, David

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