can i file a civil suit after winning a tow hearing?

[coffininails]

Hi I just recently won a tow hearing. During the hearing, I brought up that the signs in my apartment complex do not comply with Sec.2308.301 per Texas Department of Licensing and Regulation. Their lawyer admitted that was a statutory violation, and this was a probable cause case, that it did not apply to our case. I received a notice after the hearing that documents the violation. Can I still file a civil suit for them illegally towing my vehicle?

 

[LdiJ]

Hi I just recently won a tow hearing. During the hearing, I brought up that the signs in my apartment complex do not comply with Sec.2308.301 per Texas Department of Licensing and Regulation. Their lawyer admitted that was a statutory violation, and this was a probable cause case, that it did not apply to our case. I received a notice after the hearing that documents the violation. Can I still file a civil suit for them illegally towing my vehicle?

Do you have damages that were not resolved in the tow hearing? Anybody can sue for anything but whether or not its worth your time depends on the strength of your case...primarily your damages.

 

[coffininails]

Do you have damages that were not resolved in the tow hearing? Anybody can sue for anything but whether or not its worth your time depends on the strength of your case...primarily your damages.

Thanks for replying! My vehicle has been making a weird noise, but we haven't gotten it checked out yet($) We had asked someone who was in the towing business about the issue. They said if they used forks, it can damage your vehicle.
There is a civil liability printed on Texas Department of Licensing and Regulation's website and other websites: Sec. 2308.404. Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter.
"(c) A towing company, booting company, or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $1,000 plus three times the amount of fees assessed in the vehicle's removal, towing, storage, or booting."
I wasn't sure if I should file?

 

[LdiJ]

Thanks for replying! My vehicle has been making a weird noise, but we haven't gotten it checked out yet($) We had asked someone who was in the towing business about the issue. They said if they used forks, it can damage your vehicle.
There is a civil liability printed on Texas Department of Licensing and Regulation's website and other websites: Sec. 2308.404. Civil Liability of Towing Company, Booting Company, or Parking Facility Owner for Violation of Chapter.
"(c) A towing company, booting company, or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $1,000 plus three times the amount of fees assessed in the vehicle's removal, towing, storage, or booting."
I wasn't sure if I should file?

Well, you have no proof at this point that they did any damage to your car. So the tow hearing did not result in you getting any money back? If not, what did you "win"?

 

[coffininails]

Well, you have no proof at this point that they did any damage to your car. So the tow hearing did not result in you getting any money back? If not, what did you "win"?

I won my money back. The section I quoted is a civil liability, the signs do not comply with Texas state law. They recklessly violated the chapter when they towed my vehicle, which makes it an illegal tow. This is documented in my tow hearing, the court has sent me papers concluding our hearing. I wasn't sure if I can or should file a civil suit against them for this, since their lawyer said that was a statutory violation and did not apply to our case.

 

[LdiJ]

I won my money back. The section I quoted is a civil liability, the signs do not comply with Texas state law. They recklessly violated the chapter when they towed my vehicle, which makes it an illegal tow. This is documented in my tow hearing, the court has sent me papers concluding our hearing. I wasn't sure if I can or should file a civil suit against them for this, since their lawyer said that was a statutory violation and did not apply to our case.

Unless you have some actual, provable damages there would be no point in suing.