Bridgewater, MA asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Massachusetts

Q: Is This a case of fraud and Grand Larceny?

The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two occasions ! May 5, 2017 I received a bill from Lynch Towing for $455.00 and for $1200.00 on July 10th along with a threatening to sell my vehicle and I'd receive the balance after the fees were deducted. This unprofessional back and fort contacting Lynch Towing went on for a month then on August 17th of 2017 my 2011 Cadillac CTS 3.6 liter 4-door AWD Sedan was listed for sale in the newspaper and on Facebook in my name without a lien first is Fraud and sold is Grand Larceny ?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

A: Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?

You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and you have also known that they charged you $1,200 in storage fees from April 26 through June 30, 2017; right?

Then on July 10, you were warned about them selling your car to pay for the towing and storage fees, but you did nothing about it; right?

So, on August 17, 2017 they listed your car for sale in the newspaper--and even in Facebook--and sold your Cadillac to the highest bidder to pay all the charges you owed. Right?

And now, here we are, some 20 months later--on May 6, 2019--and you are just now asking lawyers on Justia what to do about this sad situation? Answer: Nothing can be done.

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