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Can I bring a Lawsuit of " Breach of the Peace" in a car repossession?

San Diego, CA |

I was in car in on the beach where their children when a tow truck rammed my rear end, startling me. They opened my door and grabbed m to get the keys and then started throwing my things on the front windshield. They claimed they were calling police because I was drunk but I had not been drinking. The police came and breathalyses me and it was negative but because I had to get out of the car to do the test he then said I had no more rights. By this time a large crowd of children had gathered to watch all this. The Car was dragged across the parking lot unsafely through a crowd of beachgoers I was with shock of the ambush and it trigged psychological injury (they must have tracked me by satellite in radio or some other method) and I was taken by police to mental hospital for 5150.

The tracking company said they had everything on camera and when I tried to negotiate to get some of my possessions that had been missing including my Smart phone they inadvertently revealed a memo indicating to me that some mistakes had been made on their part and that in future refer me to their attorney.

Attorney Answers 5

Posted

I think you may have had some rights violated talk to a personal injury attorney.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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Posted

I think you may have had some rights violated talk to a personal injury attorney.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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Posted

Who would you like to pursue a claim against?

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

Have a local lawyer investigate

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Posted

Automobile repossession law prohibits repossessions as you describe. I'd check to see that tow outfit is licensed to operate and has any needed fictitious-name statement. I am researching scoundrel Star Towing in this regard now at A.RC.C. I warn you that a competent lawyer will want to research your hospitalization records bearing on damages & impeachment issues. I would not broadcast facts here.

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