QuestionI live in Pierce county, WA state.
a)The apts I live in have been foreclosed. It's currently owned by the bank and managed by a realtor. There is still a manager on site, but per bank/realtor she has no actual authority.
b) I informed the realtor I was buying a truck and would be bringing it home this week.
c) I brought it home Tues nite, around 10. There were people working outside, who I'm sure saw me. The manager has never made a habit of towing vehicles she didn't recognize and a tow truck and an 18 wheeler have often parked at the curb so I had no reason to expect it would be a problem. It was late and I was tired.
d) Barely more than 12 hours later she decided it was an abandoned vehicle and had it towed.
e) When I called her about it she said she had checked the registration, and since it was registered in a different city she called the property owner who authorized the tow.
f) When I talked to the realtor he said she flat out did not have the authority (she insists she does). Just for grins he checked with the man who will take possession in a couple weeks, and she didn't call him, so her statement about calling 'the owner' was a flat out lie. Not that he would have had the authority either.
g) Along this stretch of curb that goes around the fourplexes there are no posted towing signs. I would have to pull into the covered parking to see those.
h) The realtor says to call a lawyer and get back more than the towing costs (there will be more expenses involved). I'll be happy just getting the impound costs back and am going to file an improper towing complaint.
What are my odds of winning?
AnswerWashington state requires written authorization prior to towing, and that being said sounds like someone just dropped the ball..
Your case of "Property ownership" and "management" seems to be a huge issue here and will be the gray area of contention.
The judge in any case be it small claims or full court will agree on that and will rule based on what evidence each side produces.
What are your odds of winning, well as much as I would love to say you will win, it is all based on evidence and who can present the best case (Lie) to the judge.
50 -50 is all I can say as you will either win or lose. Sounds like you might have good case if the evidence you present is better.
Pictures of where it was parked, pictures of where any towing signs are located at, if any.
Bill of sale or purchase contract showing when it was bought will help prove it was not abandoned.
Things like that will help.
Also go online and check out the Washington "RCW" which will help you find any and all towing laws for the state level. But you will also find that some counties and even Cities have rules and regulations which will also affect towing.
Do your research and you might find your answers before you go the court route.
