How to Sue a Towing Company
Suing a towing company in small claims court is no easy feat. Fortunately, DoNotPay makes the whole process easier and stress-free.
Available for any web browser, DoNotPay takes the hassle out of preparing and filing court forms, so you have ample time to make compelling arguments that increase your chances of winning. In this article, we'll show you how to take advantage of small claims court to sue a towing company and how DoNotPay can help.
Why Sue a Towing Company?
Here is a list of lawsuits you can file against a towing company:
- Illegal towing
- Damaged car
- Failure to return car
- Damaged property
- Failure to return property left in a car
|Illegal towing||If the towing company illegally towed your vehicle, you can sue them in small claims court.|
|Damaged car||If while towing your vehicle, the towing company ruined or smashed your vehicle, you can sue them. However, this is only advisable if they refuse to pay for the damages incurred.|
|Failure to return car||It's illegal for a towing company to hold your vehicle hostage without a concrete reason. If this is your current situation, you have every right to pursue small claims.|
|Damaged property||It's not uncommon for a towing company to leave behind a trail of damaged property. The same thing can happen to you. If the perceived damages are worth not more than $10,000, you have a chance for compensation in small claims court.|
|Failure to return property left in a car||For instance, if you left your laptop in a car that was towed and the towing company won't let you fetch it, you can sue the company in small claims court.|
What to Consider Before You Sue a Towing Company?
Before you sue, ask yourself these four questions:
Have you reached out informally?
The first thing to do when a problem arises is to get in touch with the towing company. Give them a maximum of 14 days to respond. If they do not agree to return your car or pay for the damages out of court, it might be time to escalate the situation.
Is this company suable?
Some towing companies might have a pre-written contract that bars you from sowing them. However, even if they're suable, take some time in the pre-filing stage to evaluate whether it's really in your best interest to sue. If there are alternative ways to resolve your dispute out of the court, pursue those first. Treat small claims court as your last resort.
Do you have a tangible legal case?
A small claims case is only as good as the evidence it's built upon. Did you actually lose money as a result of your car (or property) being damaged or withheld by the towing company? If not, your case might be very hard to prove in small claims court.
Have you sent a demand letter?
While you can request your property or money back verbally, it is prudent to do so in writing via a typed demand letter. Your demand letter should be direct, succinct, and with clearly visible contact information. State why you are owed money, how much money you are owed, the attempts you made to remedy the situation, and the option to mediate your dispute. Let them know that if they don't comply, you intend to sue.
How to Sue a Towing Company in Small Claims Court
Follow these simple steps to sue a towing company:
- Complete a Demand Letter: Draft a document explaining the grounds for your lawsuit, the intended course of action, and why you believe you're entitled to compensation.
- File the Complaint Form: Each small claims court has a different procedure for filing. You have to check with your local small claims court whether they're allowing in-person filing, via email, online, or by fax.
- Serve the Towing Company: You cannot serve your own lawsuit. Have a friend serve, hire the local sheriff, or better yet, hire a process server.
- Prepare for Hearings: You must appear in court to have any chance of winning your case. So prepare well in advance and have your evidence ready for presentation (including pictures, receipts, phone recording, etc.)
How to Sue a Towing Company With DoNotPay
Suing in small claims court comes with a slew of benefits, including the fact that you don't need a lawyer to fight for compensation. However, like in any other court, you might need to fill out complex legal documents and navigate lengthy protocols. This is where DoNotPay proves valuable.
To file a lawsuit using DoNotPay, following these simple steps:
- Log on to DoNotPay on any web browser and select the Sue Now product
- Enter the dollar amount you are owed (this could be lost business or even adequate compensation to cover for the damaged property)
- Select whether you'd like to receive a demand letter or court filing forms
- Describe your reason for filing the lawsuit and any additional details (including photo evidence)
That's it! DoNotPay will generate a demand letter or court filing forms for you, and a copy of your demand letter will be emailed to the towing company on your behalf!
What Else Can DoNotPay Do?
DoNotPay excels in helping people sue any company in small claims court without a lawyer. Check out other companies that DoNotPay has helped sue: