Can I ask for punitive damages?

[silknlace]

What is the name of your state? California

I'm writing a demand letter to someone for having my car illegally towed before filing in small claims. He has broken several laws according the to the California vehicle codes and he is liable for two times the amount of the tow. I have spent many hours researching my rights and codes and it's been very stressful. This person did not call the local police department to tell them my car was towed away. I thought it had been stolen. Can I can this person for punitive damages in my demand letter? If he decides not to pay me and then I go to small claims court, do I ask then?

[BelizeBreeze]

Originally Posted by silknlace

What is the name of your state? California

I'm writing a demand letter to someone for having my car illegally towed before filing in small claims. He has broken several laws according the to the California vehicle codes and he is liable for two times the amount of the tow. I have spent many hours researching my rights and codes and it's been very stressful. This person did not call the local police department to tell them my car was towed away. I thought it had been stolen. Can I can this person for punitive damages in my demand letter? If he decides not to pay me and then I go to small claims court, do I ask then?

you can ask for ACTUAL damages and costs. And that's ONLY if you prove a case, which you have not even come close to in this post.

[cjbrown929]

Belizebreeze is right, no punitive damages in small claims. You might be able to cause the tow company some grief if they towed your car off private property (apt complex, shopping mall etc) WITHOUT the permission of the property owner. It's illegal. This might allow you some leverage, if applicable .A San Bernardino tow truck driver was recently charged with murder for running over an Orange County man who was chasing after him to get his car released (it turns out that it's illegal also to not release a car, even if its hooked up, if it's still on private property. Plus, he ran the guy over and killed him) Good luck