Q: If my car was taken without leaving a ticket on it or marked tires, with out due process can I sue? And how?
The police are stonewalling me and the tow company won't let me know anything , illegally towed, no due process, don't I have rights?
A:
Under California law, if your car was towed without proper notice or due process, you have the right to challenge this action. Typically, law enforcement or the towing company must provide specific documentation, such as a ticket or notice of violation, and follow legal protocols before towing a vehicle. The absence of a ticket or marked tires suggests that these procedures may not have been followed.
You can start by requesting a "post-storage hearing" with the law enforcement agency responsible for the tow. This hearing is your opportunity to present your case and argue that the tow was unlawful. Make sure to gather all relevant evidence, such as photos, witness statements, and any communication with the tow company or police.
If the hearing does not resolve the issue, you may consider filing a small claims court lawsuit against the tow company or the agency involved. You can seek compensation for any damages or losses incurred due to the illegal tow. It's essential to document all interactions and maintain a record of all related expenses to strengthen your case. Remember, you have rights, and it's important to assert them through the appropriate legal channels.
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