Predatory Tow - Dallas

[DallasTowed]

What is the name of your state? TX

My vehicle was recently towed illegally. I have served the owner of the Tow Truck Company as well as the Storage Facility. (one in the same).

Situation:

Shopping Center with multiple retail outlets. Most are M-F 8-5.
One bar on site (we'll call it "Bad Bar") that is open at those hours.

I parked near a Cleaners which was closed at the time from 12am-2am. There is a club around the corner I visited. Came back car gone. No signs posted.

Further search in the shopping center revealed one sign behind a tinted glass door of "Bad Bar" put up with tape.

Spoke to both owner of shopping center and owner of cleaners. Neither has a towing policy or contract with Towing Co.

Property owner has allowed "Bad Bar" to tow as long as it posts the valid signage needed for his relegated spots. Has not complied after calls and certified letters. No other tentant in center has expressed a desire to tow.

Basically, "Bad Bar" has posted no signs and continues to randomly call in the tow company to pull cars off the lot...even spots that are not in front of their establishment. This is in direct conflict with the agreement the prop pwner has with them.

There is even a hint of association between "Bad Bar' Owner and Tow Truck Owner.

My Plea:

I was not near "BAD BAR" and even if I had been, there are no signs per the required Code.


Per the TX Transportation Code:
___________________________________________________
(c) A towing 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 $300 plus three times the amount of fees
assessed in the vehicle's removal, towing, or storage.

§ 684.085. VIOLATION OF CHAPTER; FINE. A violation of
this chapter is punishable by a fine of not less than $200 or more
than $500.

§ 684.086. VIOLATION OF CHAPTER; INJUNCTION. A
violation of this chapter may be enjoined under Subchapter E,
Chapter 17, Business & Commerce Code.

Will I be correct in asking for:

$300 plus the $390 (tow fee times 3)
PLUS asking the Judge to Levy the additional 200-500 Fine....

And an INJUNCTION per the B&C Code to STOP this activity.

Just need some feedback please! Thanks!
This company has done this for years...it must be stopped!
Help me...Trial is in 2 weeks.

Thanks

 

[seniorjudge]

Please post back with results.

I say that if you feel you have been wronged here, then do what you say you want to do.

Predatory towers are a real nuisance.

 

[Florid-aise]

Not only a nuisance but in some instances, can even be considered an "enterprise".

A RICO enterprise. This is not a compliment to a towing company. If you can establish a pattern of the same or similar conduct, there may be far more options available to you than just a 500 dollar fine being levied against them. This type of enterprise gets the attention of your local and state government. You can believe that.

In any event, where your present trial concern is fast approaching, either have the other persons known to have had cars towed agree to appear as witnesses, or if known, subpoena them to testify. (As to your personal credibility, and as to the credibility of your claim).

 

[DallasTowed]

RESULTS! - Updated

As expected, the defendant (Tow Company) failed to appear. Perhaps, because he knew he had no case.

The judge rendered judgment of course to me, as a default judgement. He did listen to the petition and did side with me. That made me feel somewhat validated. But I still wanted to argue!

My judgement was for the recovery of the tow fees plus the $12 filing fee.

My question now:
The judge told me I had to wait 10 days for him to appeal...but I thought with a default judgement I could begin the collection process asap.

What would be the next step...An abstract of Judgment or a Writ of Execution? The judge mentioned that the Writ was the next step.

At $175 I hope I get that back too....I should....what a mess. I spend all my own money and get it back months later.

 

[seniorjudge]

I'm glad you won.

"...The judge rendered judgment of course to me, as a default judgement. He did listen to the petition and did side with me. That made me feel somewhat validated. But I still wanted to argue!..."

I have also seen this reaction and have always been puzzled by it. I told one winning plaintiff when I did not allow her to say anything further, "What else do you want me to say than 'You won'?"

So explain that to me, please.

You have to wait for the appeal time to expire, then you can begin trying to collect your judgment.

About 99/9% of small claims judgments are uncollected. Go to your state bar's website and look for info on collecting SC judgments. Also, you may want to call the state bar and ask if there are booklets on the subject.

I really do hope you get these scum....

 

[DallasTowed]

Predatory Tow- Trial

I have also seen this reaction and have always been puzzled by it. I told one winning plaintiff when I did not allow her to say anything further, "What else do you want me to say than 'You won'?"

So explain that to me, please.

Yeah, I know I guess I felt like that this has consumed me for 4 weeks and all the angst. I just wanted to share with him all the uniqueness of this case....the fact that it has happened on previous attempts, the fact that the bar owner and the tow company are in it together, I had lots of pictures and I was really hoping to prove that there was a prior history of this tow...this problem with this tow company is really larger than me. I know small claims is not the forum for it, but I wanted the judge to send a message to the Towers. But really, all he is required to do is "make me whole" i suppose and return what I was charged.

He did that and I am thankful. No I just have to collect.

How is the defendant notified that he know owes me $$?

 

[seniorjudge]

The court normally sends a copy of the judgment to both parties after a trial.

 

[DallasTowed]

Predatory Tow- Dallas

Great
I will wait the required time frame, although I dont expect him to pay.
Then I will file the writ and clean out his cash register

...and Oh,,I want CASH only...much like they told me at 2 am

The City of Dallas is also filing suit against this firm after I alerted them that they dont offer Credit Card payments. This is also illegal.

The Attorney General's office has also received a detailed complaint.

They probably wish they had never touched my car.

This has been quite a learning process, I am glad I did it.

 

[racer72]

It was the efforts of a couple folks like you that convinced the legislators of my state to pass a law banning predatory towing. You should be writing letters you your state representitives too. Good luck.

 

[DallasTowed]

Its not over ...yet

Yes, this may be just the beginning. I am still angry as I ever was and I am hoping to channel this energy into continuing my contacts at City Hall and the State.

Who knows. Since the regulation of these businesses is now in the hands of the City of Dallas instead of the State of Texas, we may be able to now get something accomplished.

I'll keep everyone posted.

T

 

[Florid-aise]

Yes, this may be just the beginning. I am still angry as I ever was and I am hoping to channel this energy into continuing my contacts at City Hall and the State.

Who knows. Since the regulation of these businesses is now in the hands of the City of Dallas instead of the State of Texas, we may be able to now get something accomplished.

I'll keep everyone posted.

T

You wouldn't happen to have had a mulberry tree in your backyard recently cut down by your neighbor while you were on vacation, would you?

 

[seniorjudge]

You wouldn't happen to have had a mulberry tree in your backyard recently cut down by your neighbor while you were on vacation, would you?

Hey, buddy, I went out and measured my mimosa tree last night and it's up to $7.98!

 

[Florid-aise]

Hey, buddy, I went out and measured my mimosa tree last night and it's up to $7.98!

At the current rate of growth. In a flash you will have that desirable $10,000 figgur.

Speaking of figgur'n. By analyzing the repetitive incidentary late nite bad-bar factor, divided by its e pluribis unum; together with the multiplier of the vicarious predatory towabilcal subjunctive, it is easy to conclude that we are in the wrong business.

 

[MoneyMan4]

Not that hard....uhhhh

You first need to file a lawsuit against the person. Once you get the court ordered judgement, you request an Abstract Judgement (administrative). Once you get the Abstract of Judgement, you record it in any and all counties he/ she may own assets.