QuestionQUESTION: My husband called a towing company in tampa, fl to tow our car from my mothers house and take it to our mechanic, he and the owner claim my mothers check bounced, but have not produced the check , and there is no record of it in our bank. They impounded the car (took it from my mechanics lot)
I have filed a complaint with the BBB. And have even shown up with an officer (who was no help AT ALL) to pick up my car .
Can they legally impound my car if I did not write the check?
And first of all they have provided no proof that the check bounced..
HELP please. These people have been horrible. Everytime we've called to try and settle the matter, or even ask questions the owner put the vulgar driver on the phone who continues to slander, yell, and berate us.
Is Small claims court my only course of action. What can I provide since I will have the burden of proof. I have no documentation whatsoever that these people have my car.
Thanks for your time
ANSWER: Well this is a interesting question...
Now a lot of this will be what I think here also in the answer...
I take it that the time from the tow to the car being taken for the "bad check" is a few days to a few weeks or so.
Now generally there are practices and policies which govern bad checks... It does not sound like this may of been followed...
Now as to legally taking the vehicle is that they did provide a service and expected to get paid for the service...
What has your mothers bank said about this check, have they returned it for non payment or anything. Remember that the bank will have the final proof if it was good or bad.
This does sound a bit strange and maybe a bit illegal but then again I am not there and do not see the "evidence".
If you can do it, I would see if the bank would talk to the tow company and see if they can get something solved, that is if the check did not bounce... They might have a bit of weight on solving this issue..
Small claims court is a very good possibility for your case from what it sounds like.
---------- FOLLOW-UP ----------
QUESTION: Thanks for the response..The bank has no copy of a bad check whatsoever and the owner of the towing company would not show it or give it to me. Why wouldn't they provide this to prove their case..
Also, the check bounced the next day, they picked up the car immediately. They claim they tried to contact us, but they didn't. Do you know what type of lawyer handles this? Also, do you know who governs and/or licenses towing companies? this would help a lot. I really think if I got an attorney to write a letter they would just give me my car, they don't seem to be legitimate.
AnswerThis does sound like a matter for a lawyer... If the bank has no record of the check bouncing then it should be a cut and dry issue..
Just about any lawyer should be able to deal with this issue from what you describe.
Also Florida does have some check protection policies in as what the company can do, I am not sure if the State Attorney Generals office would be able to help, but that would be the best place to start for more advice which should be also free.
Good luck
