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Suing Police After They Seized My Car and Left Me Stuck With Towing Bill

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quincy

Senior Member
I agree that CdwJava's posts are helpful (they generally are). However Carl admits he is not familiar with Michigan laws.

When I first read kelbro's original post, I was puzzled why he came to this forum with the question he did. All he needed to know was provided him when he picked up his vehicle from police impound. He received information on how to contest the tow and impound, on how to file a petition in the court that has jurisdiction over the location from which the vehicle was removed. He has/had 20 days to do this.

In addition, Carl is apparently not familiar with the current state of Michigan's Civil Asset Forfeiture law, a law which allows for the police to confiscate property suspected of being linked to a crime. Michigan's forfeiture law has been challenged in Michigan because of numerous reports of police abuses. The law is in the process this summer of being reformed.

Although I could provide more information, and resources for kelbro, quite frankly I do not like his attitude. The advice here is free and, when someone is looking for free advice, they should show respect to those willing to offer it. I saw no respect and, therefore, I choose not to help.

Thank you for checking in, though, Nellibelle. I suspected you were waiting in the wings for my response to kelbro. You did not disappoint.
 
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kelbro

Junior Member
When I first read kelbro's original post, I was puzzled why he came to this forum with the question he did. All he needed to know was provided him when he picked up his vehicle from police impound. He received information on how to contest the tow and impound, on how to file a petition in the court that has jurisdiction over the location from which the vehicle was removed. He has/had 20 days to do this.
I'm not sure where you got that idea because a local towing company handles the impounds and I picked my car up there. I had written a letter to the prosecuting attorney explaining the situation and asking to have my car released. I got a call from the deputy who had my car impounded saying that my car was being released, and nothing more on my voicemail. I went to the towing company and I was told that I owed them money, and I paid it to get my car out. I was told nothing further by anyone.

In addition, Carl is apparently not familiar with the current state of Michigan's Civil Asset Forfeiture law, a law which allows for the police to confiscate property suspected of being linked to a crime. Michigan's forfeiture law has been challenged in Michigan because of numerous reports of police abuses. The law is in the process this summer of being reformed.

Although I could provide more information, and resources for kelbro, quite frankly I do not like his attitude. The advice here is free and, when someone is looking for free advice, they should show respect to those willing to offer it. I saw no respect and, therefore, I choose not to help.
My original post was dated 06-12-2015, and your original post from the same date offered nothing more than a link to a previous post which had nothing to do with this case. You provided nothing of value in your post. You made no offer to answer my questions or provide any type of useful information. Even if you felt the need to provide the link, you made no offer to assist me in any way. If you had any intention of providing help, a reasonable person would assume that you would have done it in your original reply rather than simply pointing others to a thread that had nothing to do with this one. I waited for nearly 3 weeks for any kind of helpful response, so I think any remarks about your not helping because of my lack of respect are nothing but BS. By the way, thank you for waiting the full 20 days to tell me that I had 20 days to file a petition. That was very helpful, not...

I waited for 17 days after my original post before making a second attempt at any type of helpful answer before posting the following on 06-30-2015.

Is there anyone who can actually give me an answer to my question?
I got one response to my post, however it was based on my other thread which has absolutely nothing to do with this one. Why did that happen? Because of your useless post. If you had read my posts (either one of them) you would know that these incidents had nothing to do with each other.

My son had an accident nearly 2 years ago, but was nowhere near the area when the police chased a vehicle that looked similar to mine. Since they lost the one they were chasing, they came to my house and took mine. They had no evidence or probable cause, unless assuming someone's guilt based on an incident from 2 years ago is probable cause. There are at least 6 vehicles that look very similar to mine in my area, and at least 3 of those are just down the road for me. The officer had decided that my son was guilty before he ever got here, and I'm sure he was disappointed to learn that my son wasn't anywhere around. I believe he had the vehicle towed out of frustration at not being able to pin this on my son without my son being there.

Although I could provide more information, and resources for kelbro, quite frankly I do not like his attitude. The advice here is free and, when someone is looking for free advice, they should show respect to those willing to offer it. I saw no respect and, therefore, I choose not to help.
As for whatever information and resources you could have provided, the fact is that you didn't. Your post caused nothing but confusion, and delayed any helpful responses for weeks. As for my attitude, I don't recall saying anything in my original post that you could have possibly been offended by, it wasn't until weeks later even though you never offered any of this information or resources through the entire time. As for showing respect, I have plenty of respect for anyone who deserves it.
 

Just Blue

Senior Member
I'm not sure where you got that idea because a local towing company handles the impounds and I picked my car up there. I had written a letter to the prosecuting attorney explaining the situation and asking to have my car released. I got a call from the deputy who had my car impounded saying that my car was being released, and nothing more on my voicemail. I went to the towing company and I was told that I owed them money, and I paid it to get my car out. I was told nothing further by anyone.



My original post was dated 06-12-2015, and your original post from the same date offered nothing more than a link to a previous post which had nothing to do with this case. You provided nothing of value in your post. You made no offer to answer my questions or provide any type of useful information. Even if you felt the need to provide the link, you made no offer to assist me in any way. If you had any intention of providing help, a reasonable person would assume that you would have done it in your original reply rather than simply pointing others to a thread that had nothing to do with this one. I waited for nearly 3 weeks for any kind of helpful response, so I think any remarks about your not helping because of my lack of respect are nothing but BS. By the way, thank you for waiting the full 20 days to tell me that I had 20 days to file a petition. That was very helpful, not...

I waited for 17 days after my original post before making a second attempt at any type of helpful answer before posting the following on 06-30-2015.



I got one response to my post, however it was based on my other thread which has absolutely nothing to do with this one. Why did that happen? Because of your useless post. If you had read my posts (either one of them) you would know that these incidents had nothing to do with each other.

My son had an accident nearly 2 years ago, but was nowhere near the area when the police chased a vehicle that looked similar to mine. Since they lost the one they were chasing, they came to my house and took mine. They had no evidence or probable cause, unless assuming someone's guilt based on an incident from 2 years ago is probable cause. There are at least 6 vehicles that look very similar to mine in my area, and at least 3 of those are just down the road for me. The officer had decided that my son was guilty before he ever got here, and I'm sure he was disappointed to learn that my son wasn't anywhere around. I believe he had the vehicle towed out of frustration at not being able to pin this on my son without my son being there.



As for whatever information and resources you could have provided, the fact is that you didn't. Your post caused nothing but confusion, and delayed any helpful responses for weeks. As for my attitude, I don't recall saying anything in my original post that you could have possibly been offended by, it wasn't until weeks later even though you never offered any of this information or resources through the entire time. As for showing respect, I have plenty of respect for anyone who deserves it.
Feel free to consult with a local attorney. :rolleyes:
 
Is there anyone who can actually give me an answer to my question?
This is a link to the State of Michigan's web site, specifically help in filing a small claims case. That should at least get you started. Good luck.

http://www.michiganlegalhelp.org/self-help-tools/consumer/i-have-small-claims-case
 

quincy

Senior Member
I'm not sure where you got that idea because a local towing company handles the impounds and I picked my car up there. I had written a letter to the prosecuting attorney explaining the situation and asking to have my car released. I got a call from the deputy who had my car impounded saying that my car was being released, and nothing more on my voicemail. I went to the towing company and I was told that I owed them money, and I paid it to get my car out. I was told nothing further by anyone.
The tow company is under contract with the law enforcement agency that impounded your car. The receipt you received and/or the paperwork you received when you signed for release of your car SHOULD have included information on contesting the impound and tow fees. If not, you still should have received notice by mail from the Secretary of State information on contesting the impound fees and a petition form. If not, well, that appears to be a failure on the part of the law enforcement agency and/or the tow company and this would be good reason to see an attorney in your area. Contacting the ACLU of Michigan for advice and direction could be a good start.

As for whatever information and resources you could have provided, the fact is that you didn't. Your post caused nothing but confusion, and delayed any helpful responses for weeks. As for my attitude, I don't recall saying anything in my original post that you could have possibly been offended by, it wasn't until weeks later even though you never offered any of this information or resources through the entire time. As for showing respect, I have plenty of respect for anyone who deserves it.
You responded to my initial post with a post of your own, kelbro. Remember that post? You decided to delete it shortly after posting it, however (wise choice), and you later edited your first post.

The link was provided by me so that others would know you had posted a NEW question to your OTHER thread - and it was also provided for background information, information that can be helpful for forum members who provide advice. I see that no one answered your additional question to your other thread so I suppose that is my fault as well, huh?

The fact that I chose not to provide additional information to you was based on several factors - and your deleted second post was one reason. Time constraints on my part was another. I have a full-time job with work that takes priority over any postings here and I try to limit my posting to those posters who I believe deserve attention and will appreciate it. I did not see you as such a poster - and I still don't.

To Nellibelle - most of the regular posters here know exactly who you are and we have known this from the beginning.
 
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kelbro

Junior Member
The tow company is under contract with the law enforcement agency that impounded your car. The receipt you received and/or the paperwork you received when you signed for release of your car SHOULD have included information on contesting the impound and tow fees. If not, you still should have received notice by mail from the Secretary of State information on contesting the impound fees and a petition form. If not, well, that appears to be a failure on the part of the law enforcement agency and/or the tow company and this would be good reason to see an attorney in your area. Contacting the ACLU of Michigan for advice and direction could be a good start.
The tow company provided me with nothing more than a bill for towing. There was no other paperwork given or mentioned, and nothing by mail from the Secretary of State or anyone else either. Perhaps that was a failure on the part of the law enforcement agency and/or the tow company, but certainly not on my part and I should not be blamed for their failures. As a matter of fact when I mentioned to the towing company that I might be suing, they simply told me that it was between me and the police and they had nothing to do with it. They needed their money in order to release my vehicle, and they had nothing to do with anything further.

You responded to my initial post with a post of your own, kelbro. Remember that post? You decided to delete it shortly after posting it, however (wise choice), and you later edited your first post.
As for the second post I accidentally hit the submit button instead of the preview button and wasn't ready to post until I re-read it and made sure it said just what I wanted to say which was the main reason I deleted it almost immediately. To be honest though, don't recall exactly what I said in my second post because I decided that it made more sense to add the additional information to my original post instead. Did you actually even see the deleted post or did you just assume me to be guilty of something because you saw that I had deleted a post? I don't have any way to see what I wrote, so I can't say for sure exactly what it said, but I can't imagine it was anything worth condemning me for.

As for the edited post, it was edited to add the information there as mentioned in the edit notes. There was nothing in my original post that should have offended any normal person, especially one whom I have never met or had any dealings with before, and you know full well that it was not edited for that reason or you would have attacked me in your first post instead of waiting weeks for another response from me before doing so.

The link was provided by me so that others would know you had posted a NEW question to your OTHER thread - and it was also provided for background information, information that can be helpful for forum members who provide advice. I see that no one answered your additional question to your other thread so I suppose that is my fault as well, huh?
So you provided the link to that thread so that somebody else in a completely unrelated thread could explain to me the meaning and implications of signing a paper saying that I would agree to that case being dismissed "without prejudice" rather than take a few seconds to answer the question yourself? Interesting...

As for background information that has nothing to do with the case at hand, I don't see confusing the issue as being at all helpful to anyone, especially to those who may have answered my question if you had not confused the issue by throwing something into the discussion that had absolutely nothing to do with this discussion.

I saw no response at all from you anywhere in the other discussion, so why would I possibly blame you? In case you (or anyone else cares) I didn't sign the paper they asked me to sign, so I guess I will just wait and find out whether or not I should have by what happens next. I guess the worst they can do is attempt the lawsuit again, but I doubt they will since I have already shown them (and the court) absolute evidence of my innocence, which is why they decided to drop the lawsuit in the first place.


The fact that I chose not to provide additional information to you was based on several factors - and your deleted second post was one reason. Time constraints on my part was another. I have a full-time job with work that takes priority over any postings here and I try to limit my posting to those posters whom I believe deserve attention and will appreciate it. I did not see you as such a poster - and I still don't.
As I stated previously, my deleted post was only there for about 30 seconds before I changed my mind about posting it as a reply, and added the information as additional information at the bottom of my first post instead. The deleted post was made after your useless post, in order to clarify the situation since you chose to confuse the issue by posting irrelevant information to the discussion. As for your time constraints preventing you from answering my questions, you certainly seem to have enough time to waste trying to cause problems for others, as is evident by your argumentative responses throughout this thread.

I came here to ask a simple question. I had hoped that this forum would be a useful place to get the legal advice as it is intended. Instead I am greeted by a bunch of childish bickering among members like you who have taken it upon themselves to attack me and each other throughout this thread. Personally, I think you should all be ashamed of yourselves.

To Nellibelle - most of the regular posters here know exactly who you are and we have known this from the beginning.
As I am not a regular poster and don't know any of you, I cannot speak for Nellibelle or anyone else, but comments such as this and others made by several members throughout this discussion are examples of the childish bickering referred to above.
 
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