Towing Issues: car towed illegally, state of tenn, acts ch


Question
QUESTION: Yesterday morning at 6:30 AM my car was in the process of being towed from an apartment triplex I was parked at and visiting a friend. Apparently the guy that rents next door, in the triplex, thought he could request for a car to be towed because he didn't like where it was parked. The towing company refused to let my car go unless i had $45 right there. They had no legal authorization to tow it. The landlord of the triplex found out what happened and demanded the towing company bring my car back and the refused to do so.

Is there anyway I can file some kind of lawsuit against the towing company for grand theft along with the man that requested to have it towed.

ANSWER: yes, you do have an issue here, especially if the complex manager is on your side. What state are you in?

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QUESTION: I live in Tennessee. I hope this isn't too late. I just noticed in my email, while deleting old mail, that you answered my question.. Any help would be great. Thanks

ANSWER: I will research Tennessee laws, but you definitely have a case. Give me a few hours and I will write back

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QUESTION: ok thanks!

Answer
I attached copies of the State of Tenn Atty Gen opinion on towing vehicles. It appears that they must have written/signed authorization as most states do. Hope this will help.

Section 55-16-112 of the Tennessee Code addresses the written authorization required for
towing and storing motor vehicles. This statute, as amended effective June 21, 2007, by 2007 Tenn.
Pub. Acts Ch. 479, provides as follows:
(a) Notwithstanding any other provision of this part or of title 66, chapter 19, part 1,
in order for a garagekeeper or a towing firm to tow or to store a vehicle the
garagekeeper or towing firm shall obtain an express written authorization for towing
and storage of each vehicle from a law enforcement officer with appropriate
jurisdiction, or from the owner of the vehicle, or from the owner, or the authorized
agent of the owner, of the private property from which the vehicle is to be towed.
Such authorization shall include all of the information required by § 66-19-103(d).
In addition to any other penalty provided by this part or by title 66, chapter 19, part
1, a violation of the provisions of this section is a Class C misdemeanor.

Similarly, Tenn. Code Ann. § 55-16-111 addresses the time for towing:
Notwithstanding any provision of law to the contrary, a vehicle may not be towed
without authorization by the owner of the vehicle until twelve (12) hours have
elapsed since it was first observed to be immobile or unattended unless such vehicle
is creating a hazard, such vehicle is blocking access to public or private property, or
such vehicle is parked illegally.