Can I sue for the tow of my car from a visitor spot?

Asked over 1 year ago - Fairborn, OH

My car was parked in a visitor spot of my bf's apartments . When we went to leave at around 10 : 30pm , the car was gone . I was told it was because after 10 : 00pm all cars , in a visitor spot or not , need a permit . There is no sign saying visitor's must have a permit or leave by 10 : 00pm , and the guy said " the resident's are supposed to inform you . " My bf was not aware of this rule , however his dad ( the one paying the lease ) was and did not say anything . I called the Fairborn police department to see if they had authorized the tow , and they just said that they were called before the car was towed from a company the apartments have a contract with . The property doesn't meet state requirements for a private tow - away zone so by state law they can only have police tow my car , not a contracted company .

Attorney answers (3)

  1. Kerrie Kathleen Matre

    Pro

    Contributor Level 10

    5

    Lawyers agree

    1

    Answered . Assuming your car was not damaged in any way, I would agree with counsel, tally up your actual damages [money spent] and file a small claims action. If your damages are greater than $3,000, you will be required to file in municipal court, or common pleas court and I suggest you hire a lawyer for that. In any event, you will need to consider who you will name as defendants such as the the apartment complex owner, its managing agent, the towing company, etc. Please check with an attorney!

    I am an Ohio-licensed attorney. The information is not, nor is it intended to be, legal advice. You should consult... more
  2. Zev Goldstein

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Suing is not a traffic ticket.
    In NY i would advise you to bring a small claims action. A attorney may be able to walk you through it, however not represent you.
    This however is in OH

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  3. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Check with local police dept or city officials re rules requiring signage for towing from private property.

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