Menifee, CA asked in Traffic Tickets and Civil Rights for California

Q: What type of lawyer do I need when city street patrol towes my car from in front on my home unjustly? Menifee, CA

I'm high risk (and disabled) and have been stuck in my home with limited income when my car tags go late. Im not driving it as it sits on street in front of my home. Hearing about the mandate to not tow while dmv is closed I let it float to the back of my mind until I hear a city of Menifee street patrol and a tow truck out front towing it. I pleaded with them but they took it away. I had to scrape together all the money I had to get it out. As I did I heard from several people that this may not have been legal. I feel like I was robbed by the city and dmv and am looking to see if you agree.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Sorry to hear about this, very frustrating I know, I had a similar experience when I was younger. You need an attorney that specializes in Government Claims- usually a personal injury attorney can assist you. The problem is that your case is not worth enough for an attorney to get involved, the monetary value is too low. So you need to file a government claim against the city within 180 days and then file your case in Small Claims. You will need evidence that there was a stay on this kind of vehicle code, municipal code enforcement. BTW there is a section of the VC that says a tow operator cannot tow your car away with you standing there, but that may be private property.

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