Towing Issues: Family Member Had My Van Towed, small claims court, verbal agreements


Question
My brother who is in his 40s had my van that was parked in the driveway towed. I am half owner of the home although I reside at another residence. We had agreed to sell the home and nobody is living at the residence where my van was parked. It is a decent van, I was in the process of putting in a new transmission. No papers were signed where the house would be put on real estate market. I had also told my brother I would be finding a tow truck to bring it here before the house was put on the market. I work 10 hours a day. Guess I wasn't fast enough. Wow. I know I have to pay to get it out but I do not think this was very nice. Can I take my brother to small claims court and get reimbursed for his maliciousness?
Thanks.

Answer
Yes you can do the small claims court if you so desire, no one is going to stop you from that.

But its also will highlight the issues of "joint ownership" and "verbal agreements" (which are not worth the paper they were wrote on)


It sounds as if the "fast enough" is the issue here, and since I am not there and a party to the discussions it will be based on a lot of "he said, they say" kind of issues.  I am not sure how that will go over with the judge.


But good luck and I hope things work out.