Q: Can I file an injunction to stop the tow company’s auction of my vehicle?
Car was towed from a “private road” (I did not know it was private).
They claim I was illegally parked in a fire lane but no signage is placed near the area. No “Fire Lane” painted on curb.
No proof of written authorization for tow.
tow company slim-Jim’d the vehicle “to put it in neutral”. However it was in Lower Drive. (Potentially damaging transmission, drive train, etc
Interior was damaged. Personal property was rifled thru and items stolen.
A:
If you believe that your vehicle was wrongfully towed and the tow company is planning to auction it off, you may be able to file for an injunction to stop the sale. An injunction is a legal order that requires the other party to stop certain actions or behaviors.
To file for an injunction, you will need to go to court and request a hearing. You will need to provide evidence to support your claim that your vehicle was wrongfully towed, and that the tow company does not have the legal right to auction off your vehicle. You may need to provide documentation, such as photographs of the area where the vehicle was parked, witness statements, or any other evidence that supports your claim.
You will also need to demonstrate that you will suffer irreparable harm if the injunction is not granted. For example, if the auction goes ahead and your vehicle is sold, you may lose access to your personal property or may incur significant financial loss.
If the court grants the injunction, the tow company will be prohibited from selling your vehicle until a final decision is made in the case. However, it is important to note that injunctions can be difficult to obtain, and you may need the assistance of an attorney to help you prepare and present your case in court.
It is also important to note that the laws and procedures related to tow companies and vehicle auctions can vary depending on the specifics of your case and the jurisdiction where the tow occurred. Therefore, it is recommended that you consult with a licensed attorney in California who specializes in tow law for further guidance.
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.
