QuestionI had my truck towed yesterday afternoon from my condominium complex
after my decal expired on the first. It completely slipped my mind to get the
new decal. Plus my land lord hasn't brought my new lease to me since mine
ended on the 1st November. Anyways I went to get my truck back and after
arguing with the tow truck company owner over the issue he refused to give
me my truck because he didn't like my attitude. I agree I could of been a bit
more polite but I didn't threaten him and had no intrest in fighting anybody.
We called the police they asked him to give the car back and take the money
and he still refused. They said I have to take him to small claims court to get
my truck back. How is this legal? I even apologized and the offer was still
refused. Do I have any other options?
AnswerWell, there has to be more to this issue than is asked in the question...
I find it hard to believe that a tow company would tow a vehicle, and then refuse to release it for a cash payment of all the towing and storage fees owed... That seems to break all the laws (both legal and business laws) that apply...
PLUS CASH is the one form of payment which can not be cancelled or stop payment made on... Checks, debit and credit cards all can be contested.
The police unfortunately are correct as it is a civil matter and as such they can not really do anything about it.
Small Claims court seems to be the way to go, but remember it might go great for you and you get the vehicle back or you might have to pay more (courts have limits on how much you can collect or file for)
Now I know that the state of Florida does license and regulate to some extent towing companies, (but at 230 am my brain is fading and I can not remember the laws which apply ((guess I been up to long working) )and which agency it is...
PLUS several Counties and Cities also regulate the business practices of towing companies...
With out knowing what location this is in I really can not provide clear information (an Internet search for "towing laws with your county or city in it will help there") you left me with a lack of searchable information to provide an answer for you.
But I know that this whole deal seems wrong to me... I believe (personally) that this is bordering on illegal business practices by the towing company. I wonder if they are really legit and operating legal...
Not sure if you want to, but I would suggest that you check with a lawyer on this, as it might be something that has more to it than meets the eye.
I think you might also go to the tow company again, and offer the money owed to then and see what happens when you and them are calmer. It could not hurt, but I would also try to keep a level calm approach to this... You might just get it back for the cash owed.
I hope this helps but it seems way to strange to believe kind of issue here.. It just does not make sense to me they would refuse cash.
