Tacoma, WA asked in Uncategorized for Washington

Q: What should i do if i believe my car was unlawful inpond an towed

Related Topics:
1 Lawyer Answer
Jeffrey Alan Lustick
Jeffrey Alan Lustick
  • Bellingham, WA
  • Licensed in Washington

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.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.