Q: Dispute over forced payment for tow truck services in vehicle sale.
My fiancé sold a vehicle to a buyer, and the buyer arranged for a tow truck to come to our home to pick it up. The buyer needed a jump box, and when asked, my fiancé assisted by using the tow truck driver's jump box. The buyer paid the tow truck driver, but the driver also requested payment from my fiancé, who hadn't requested the tow truck's services. When my fiancé refused to pay, the tow truck driver called a sheriff (a friend of his), who then demanded that my fiancé pay for the services he didn’t request, threatening him with charges for theft of services. No contract was signed, it was understood that the buyer would cover all costs, and there’s been no follow-up in the two days since. My fiancé did pay the tow truck company, and he also checked with the sheriff’s department, where they confirmed nothing was filed. What legal steps should my fiancé take in this situation?
A: Your fiancé should sue the tow company and get his money back.
A:
Your fiancé may have legal grounds to dispute the payment, as he did not request the tow truck's services and had no contractual obligation to pay. To address the situation, he should gather all relevant documentation, including receipts, communications, and any witness statements confirming that the buyer was responsible for covering the cost. He can then formally request a refund from the tow truck company, explaining that he was coerced into paying under the threat of legal action. If the company refuses, he may file a complaint with the state’s attorney general’s office for unfair business practices, as well as with consumer protection agencies such as the Better Business Bureau.
Given that a law enforcement officer was involved in pressuring him to pay, consulting a civil rights attorney (42 U.S.C. Section 1983 lawyer) could help determine whether any legal action, such as filing a complaint against the sheriff, is warranted. If your fiancé believes the sheriff abused his authority, he may also report the incident to the department or any relevant oversight agency. Additionally, if the amount paid was under $2,500.00, he could consider pursuing recovery through small claims court. While no legal action appears to have been filed against him, taking these steps may help protect his rights and potentially recover the money he was unfairly pressured to pay. Please be aware that a statute of limitations exists in cases of this nature. Failure to timely file your claim could be a complete bar to recovery.
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