Q: What should i do if i believe my car was unlawful inpond an towed
A:
You can file an impound appeal, but you have to act fast. The law imposes a ten day limit in which you have to file your appeal in the local district or municipal court where the unlawful impound occurred. If you do not file within the ten days, you are barred from pursuing it. Most jurisdictions require the payment of a filing fee to get a hearing. At the appeal hearing, which is held in a court room in front of a hearing examiner or a judge, you and your witnesses, if any, may present evidence as to why the towing of your vehicle was improper. Under state law, towing and storage fees must be posted at the business location of the towing company. The court will not let you challenge the fee amount if it is the same as the posted rates. At the end of the hearing, the court will determine if the legal basis for the actual impound and also if the fees were proper.
If the court decides the impound was proper, you will have to pay the towing, storage and court costs. But if the court decides that the towing of your vehicle was improper, you will not have to pay any towing and storage fees. They will have to return all such fees you have already paid. The court will then order that the person or agency authorizing the impoundment owes you for the filing fees paid and reasonable damages for loss of the use of your vehicle.
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