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Towing Massachusetts

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denunes

Junior Member
Scenario:
I live in an apartment complex with 12 units. The landlord designates 1 parking space for each unit behind the building. Along side of the building (where you pull into the complex off of the street) is (from what I am told) considered a street (no street sign). It just takes you to the back of the building to the parking spaces. Along side of the building people are told that it is free parking for whomever (not designated for any apartments). My fiance usually always parks his car in the same spot everyday and has pretty much designated that spot his. We have disputed with the landlord about this and he simply said to have anyone towed if they park there. Well, someone parked there and he had them towed. That person filed suit but my fiance couldn't make it because his job wouldn't let him out of work that day. He tried to reschedule but they wouldn't allow it. The person who parked there was visiting another tenant. They don't really know who called the tow company. They didn't see him do it and he didn't admit to it. The tow company doesn't know who called either. The tow company just says that they got a call from someone and they went to pick up the car. Now that my fiance couldn't make it to court, the judge rulled over $400 for my fiance to pay for tow expense and damages to the car that he didn't cause.
What are his rights in this situation? I know he can appeal which he will right away but if it cannot be proven that he had the car towed and physically caused damage by himself or anything that belongs to himself how can this ruling be right?
What do we need in order to prove our case?
Thank you
Jen
I should also mention that the plaintiff sued the tow company for the damages to the car and my fiance for towing fees. However, the judge felt as though my fiance should pay the whole thing.
I don't believe the law was applied properly here.
 


weenor

Senior Member
He lost because he was not there to tell his side and now you don't know what proof if any she had that your fiancee' called the towing company...He doesn't need proof she does...but since he wasn't there....the judge entered a default judgment. Your fiancee' can try to file a motion to side aside the default and the judge may or may not agree that work was a good enough excuse..However I suspect that since he asked for a continuance before and it was denied that the judge will deny this motion as well.


Lesson learned? Judges don't like when you don't show up to court....
 

teflon_jones

Senior Member
The law was definitely applied correctly. Your fiance should call in sick to work next time if they won't let him off. He can appeal the judgement, but IMHO the appeal is unlikely to be granted since he didn't show up for the original case.
 

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