Should I sue the Finance Company or the Towing Company? HELP!

[Tasha1223]

Went to court!!

I finally went to court, and I promised I'd return and share the results. Not sure who said it, but they were right. The judge says I must sue the tow guy and not finance co. He said they certainly were at fault and he made finance co. give me the name and address of tow guy. My next staep is to sue him. THanks all!

 

[JETX]

Not sure who said it, but they were right.

Okay, lets take a look.
The following contributors advice (tow driver) was accurate (in order of responses):
JETX (me!)
msldystrkr

The following contributors advice (finance company liable) was NOT accurate (in order of responses):
Stephenk

 

[badapple40]

My response:

I am a lawyer. Watch what happens to you in court! If you're honest, you'll come back to tell us the results, and why the judge ruled as he did.

You see, I predict that the judge will ask you the same things as I have. You could have mitigated the damages to the vehicle by giving the keys to the tow person, but you didn't. You were more interested in attempting to unstrap the vehicle from the tow truck. I am absolutely sure that he asked you for the keys, but you refused. And, that's what the judge will believe.

Additionally, you were the one who caused the damages - - not only because you refused to give the keys to the tow driver, but also because you failed to pay for the vehicle; i.e., If your payments were on time, and current, then there wouldn't have been a repossession in the first place.

So, I predict you'll lose the case.


IAAL

I totally disagree. While the company had the right to repossess the vehicle, they also apparently allowed him the right to redeem the vehicle. So he has standing to sue.

And the driver apparently negligently towed the vehicle, which caused damage to it. Understanding the repo business, you'd realize that the tow driver did NOT ask for the keys. I repo'd cars as a job in high school. You literally get in and get out. Even more amazing is the fact that the repo company didn't have the keys. We'd typically get the keys from the dealer with appropriate paperwork (and the VIN #). And this was a long time ago.

I think the OP has a case, and should be able to recover from the tow driver.