How to Defend Property During an Illegal Tow

Illegal towing can result in fines, court costs and money damages.

There are many reasons why property, such as vehicles, boats or construction equipment, may be seized and towed. Judges can issue writs directing deputies to seize property to satisfy court judgments. Law enforcement agencies contract with towing companies to remove illegally parked vehicles. Abandoned property may be lawfully towed and impounded. However, a party who has no legal authority to seize or tow property can face costs, damages and legal penalties. A person who is subject to an illegal towing seizure can take basic steps to defend his property.

Instructions

1. 

   Contact police to stop or document illegal towing.

   Contact the local authorities and request assistance to stop an illegal towing. Provide proof of ownership for the property at risk. Offer clear reasons why the towing is unlawful. Request a police report of the incident if the towing is allowed to proceed.

2. 

   A court may issue an emegerncy order to stop a wrongful towing.

   Contact an attorney. Request the attorney immediately speak directly to the person conducting the towing. Request the lawyer seek an emergency stay from the local court if the the towing is pursuant to a court order or police power. Offer the attorney solid facts why the court should prevent the towing.

3. 

   Keep all records that establish acts of illegal towing.

   Demand paperwork on the scene from the towing company. Obtain copies of any police reports made about the incident. Take the name and any available contact information of the towing company if no paperwork is generated at the scene.

4. 

   Do not breach the peace in an effort to stop an illegal towing.

   Do not use self-help remedies that place any party in danger or that breach the peace. Rely on law enforcement or a civil attorney to recapture property that is seized by illegal towing.

References

• Lawyers and Settlements: Illegal Towing and Predatory Towing Practices