Q: Can I sue Fairfield Police Dept in NJ in small claims court remotely for incorrect tow and lost income?
I am not from or in NJ but had a commercial 50’ trailer parked at a business I work with in Fairfield NJ. The trailer was parked on a street that according to Fairfield code is no parking entire length of the street. There are no signs posted the length of the street regarding no parking. In one night I was issued 3 violations by the Fairfield Police Dept: improper parking (trailer was parked in reverse), overnight parking (it was 2:08am when the violation was issued), and expired registration (registration was NOT expired). FPD immediately called for a tow and the reason for tow field in the tow report is “unregistered”. The notes in the tow report reference the 3 violations but the reason for tow is just “unregistered”. The plate number on the tow report is incorrect which presumably belongs to an expired registration for another company. Interestingly enough, the 3 violations that were issued to me however all have the correct plate number. Please note that they also failed to issue a notice of impoundment by certified mail per Fairfield code. According to interpretation of Fairfield code, the first 2 violations warranted simple parking violations (as they do in almost any municipality) that should have been attached to the trailer. It is the unregistered violation that warranted a tow which was based on a negligent error. When I called FPD and explained this to a Sgt there he said if that was the case as I described it should be resolved. I was contacted back by the Cpl who issued the violations who proceeded to tell me about how it was more than 1 violation and for that reason the tow was warranted. I obtained an attorney for the violations and the overnight parking and unregistered were dropped (presumably since there are no signs and I have proof of registration). When it came time to get the trailer back and proof of registration was provided to FPD they stated they did not believe the proof provided since it is a permanent non expiring registration and challenged me for more proof rather than contacting the state for confirmation as it says on the registration. After everything was explained to the FPD by my attorney, the tow charges were reduced to a fraction of what they were because according to FPD someone still has to pay for the tow even though it should’ve been FPD for their error. When we got to the tow yard to pick up the trailer the same day, the tow yard demanded approximately double with FPD telling my attorney that it was supposed to be less. I have not only lost money on the tow but I have lost income with the trailer. The point of all of that is that clearly something is rotten in Denmark. My question is if I can not find an attorney to pursue damages against FPD, can I sue them in small claims court remotely? (yes, this is still less than 90 days ago that the tow occurred but time is running out)
A:
You're facing a frustrating situation with the tow of your commercial trailer in Fairfield. In New Jersey, you can file a small claims complaint against a municipal entity like the police department, but you must first submit a Notice of Tort Claim within 90 days of the incident, which you mentioned is running out.
New Jersey's Special Civil Part (small claims) does offer electronic filing through JEDS (Judiciary Electronic Document Submission) system, allowing you to file remotely from out-of-state. However, for the actual hearing, the court may require your presence, though some judges might permit virtual appearances given your distance - you'd need to request this accommodation specifically when filing.
Before proceeding with a lawsuit, document everything thoroughly - the incorrect plate number on the tow report, proof of valid registration, the reduced charges acknowledging their error, and calculations of your financial losses including both tow costs and lost income from the trailer. Remember that suing government entities involves additional hurdles beyond regular small claims cases, so filing that Notice of Tort Claim immediately is your crucial first step before court filing becomes an option.
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