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  1. #1
    Join Date
    Oct 2015
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    1

    Arrow Recourse on After Being Towed By Your Landlord Without Proper Notice

    My question involves a towing without my consent in Texas:

    Vehicle towed for having expired tags with only a warning sticker placed in windshield, is this legal?

    The answer is no, as in Texas, the apartment complex is required to mail a Certified Letter to registered owner of the vehicle allowing ten days prior to towing the vehicle, according to Texas Law. But the tow company mailed the letter for the apartment complex, after reading the law, it states a tow company cannot give anything of value to the parking facility directly or indirectly. Since a Certified Letter requires postage and postage is something of value, could I successfully sue the property manager and landowner for accepting some of value from the tow company to collect the $1000 plus treble damages as stated in the Texas Occupations Code 2308.404?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Recourse on After Being Towed By Your Landlord Without Proper Notice

    Quote Quoting txtow
    View Post
    But the tow company mailed the letter for the apartment complex....
    To their offices? Why?
    Quote Quoting txtow
    Since a Certified Letter requires postage and postage is something of value, could I successfully sue the property manager and landowner for accepting some of value from the tow company to collect the $1000 plus treble damages as stated in the Texas Occupations Code 2308.404?
    You could argue it. You would lose, but the judge might get a good laugh.

  3. #3
    Join Date
    Jan 2013
    Posts
    372

    Default Re: Recourse on After Being Towed By Your Landlord Without Proper Notice

    I think you are mixing 2 different points together. You do not deny that here was a certified letter, or a window sticker, or an expired tag. Nothing seems wrong with the tow.
    Now you wish to make trouble for your landlord by suggesting that he's taking kickbacks from the towing company. What will that accomplish other than pissing off the landlord? And how will you do this? Court ain't cheap.

  4. #4
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Recourse on After Being Towed By Your Landlord Without Proper Notice

    Your argument that the postage was something of value is silly. The stamp was likely canceled anyway which would remove its value. The obvious intent of the statute is to prevent kick-backs between property owners and tow companies which qualifies as "predatory towing."

    However, if the letter was not mailed to YOU, assuming you're the vehicle owner, then the law was not followed. I'm assuming that you have your own address, i.e. an apartment number.

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