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Haleth's avatar

Is it worth it to go to small claims court for this?

Asked by Haleth (18947points) April 8th, 2010

I recently bought a used car and parked it in the space assigned to my house. I live in a townhouse community with a home owner’s association. The license plates and registration are expired, and I’ve been waiting on a copy of the title, which I just got today. Yesterday the HOA put a sticker on my car saying I needed to get new plates or the car would be towed.

There was no time frame on the sticker, so I e-mailed them asking how much time I had before the car would be towed and let them know that I was expecting the car title in the next several days. The response was that I had until this Sunday to get new license plates. I got the title in the mail today, and I was all set to go to the DMV tomorrow morning, but my car was towed tonight.

I plan on asking the towing company to waive my fee and the HOA to reimburse me- hey, it doesn’t hurt to ask, even if I only have a small chance. If that doesn’t work, it’s about $200; is it worth it to go to small claims court? Is an e-mail enough evidence? I know you’re not supposed to have expired plates, period, but this seems pretty unfair. My aunt called me at work this morning to tell me that the title came in the mail. If I had known that the deadline was actually today, I would have prioritized differently and left work early to take care of it, instead of waiting for my off day.

The car was towed off private property. I think that if I had parked on public property, I may have been ticketed, but probably not towed. Is this right? If you have any stories about towing or small claims court, it would really help me out.

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10 Answers

davidbetterman's avatar

Yes. Judge Judy would make some funny jokes and find in your favor.

Also seek punitive damages and add mental distress to the lawsuit.

filmfann's avatar

The towing agency will not give you a break. You would have to deal with the HOA.
The emails will help. Good luck.

bob_'s avatar

Well, sure. It’s called the small claims court for something.

kevbo's avatar

You’ll have to seek damages from the HOA. HOA’s cannot supersede city ordinances, so you may have a window of argument there.

You’re probably better off presenting your case to the HOA first and then if they don’t respond to your request for full reimbursement of all costs, then take them to court. Maybe check your HOA guidelines to determine where this is addressed.

susanc's avatar

Yes, the towing company just did what the HOA asked them to do. Talk to the HOA.
Small claims court is a huge hassle. You’re told to be there at 9 a.m. – and so are all the other people who are going to be seen that whole morning. So you wait. Then the plaintiff (the HOA) doesn’t show up because they know it’s a waste of their time. Judge Judy says you get the judgment, but then you have to collect, and that would be another hassle. Better to sit down with your own HOA which can understand you as easily as we can. Your case is very straightforward.

Haleth's avatar

@susanc Thanks. I’m planning to present my case to the HOA as clearly as I can. The tow company has a fax from the HOA on Thursday asking for the car to be towed, so I am going to ask for a copy of this. I’m also going to hang onto any papers I get from the DMV when I get my license plates and the receipt from the towers. I’m planning to ask for a reimbursement over e-mail, and I will scan all these papers and add them to the e-mail as an attachment. That way I’ll have everything in writing.

My aunt has lived here for about 15 years, and from what she says the HOA is very difficult to deal with because they’re rude and unresponsive. They represent my neighborhood, which is all townhouses, and another part of the neighborhood which is all huge single family homes. Apparently our fees are 3 times higher than theirs because they have higher property taxes- but they own bigger houses, so it doesn’t seem right. My aunt and the neighbors have told me plenty of stories of problems they’ve had dealing with them. So I don’t feel too encouraged about just asking them, which is why I’m trying to document everything as much as possible. But now you say that taking them to court, even if I win, isn’t a guarantee I’ll get my money back… sigh. Thanks for your answer, because I do have no clue at all about small claims court.

Haleth's avatar

Woah!

So I got a copy of the fax- the home owner’s association asked for the car to be towed on the Monday the 12th. The towers are actually bringing the car back.

john65pennington's avatar

First, vehicles parked on public property(the street)are in violation of the law, if they do not have a current license plate attached to it. private property enforcement is up to the landlord and what rules are in effect there.

Your question leaves me in doubt at this point. your days are misleading.

Is this situation worth small claims court? probably not. you knew the rules when you signed the contract to live there. no matter what was stated in emails, the written and signed contract will be the deciding factor in small claims court.

Maybe, if you had contacted the manager before the towing took place, at least he would known your situation and just may have co-operated with you.

anartist's avatar

How valuable is your time?
If that is not an issue, go for it. With the email you might win. The email is proof of good faith. What else could you do with it but put it on private property assigned to you?

eyewatcher's avatar

It is NOT ur HOA to decide if ur car is expired or not. They know this is ur car. It was parked legally in ur spot causing no issue for HOA and u were nice enough to explain the happenings to them. They are a bunch of jacka$$es and if u had to take off work to do any of this, I woould make them pay my wages for that day. They are idiots. They better be glad it was NOT my car that was towed.

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