Legal Question in Consumer Law in Texas

Towing Company Practices

Truck was missing from apartment complex Nov 2. Apartment complex knew nothing of it so police were notified. police were notified Dec 14 by wrecking service finding the truck 70 miles from complex, then when asked by me, I was told that they had towed it from my complex. Now they want in excess of $800 to release the truck and police do not seem to be interested in case. What is my recourse?


Asked on 12/17/01, 8:20 pm

2 Answers from Attorneys
Brandon Manus Manus Law Office

Re: Towing Company Practices

To have a cause of action under the Deceptive Trade Practices Act, the first requirement is that the complaintant must be a consumer who sought or acquired, by purchase or lease, goods or services. Under the facts as I understand them, this claim would not be a DTPA claim because you did not purchase the service in question; i.e. the towing. There are many facts missing in this question such as why the vehicle was towed? Why was it 70 miles from the complex? Was it stolen and retrieved by the towing company? Did the apartment complex have the vehicle towed? More information is needed to determine if there are other causes of action.

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Answered on 12/18/01, 5:36 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Towing Company Practices

I can only answer this if you give me more facts, e-mail me and I will try to help. In the meantime I recomend you pay to get your car as the bill will only get larger, then sue in small-claims court.

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Answered on 12/19/01, 7:59 am


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