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  1. #1
    Join Date
    Aug 2016
    Posts
    3

    Default Towed for Expired Registration Despite Notice Requirement

    Hello all! I'm in need of some advice.

    My motorcycle was towed yesterday from my apartment complex for expired registration in Irving, TX. My lease states that they will give 10 day notice before towing. I've never received any notice. Towing company claims they leave sticks on the windshield but I never received that. They also claim they take pictures after they leave a sticker but the towing guy said he wasn't he one who marked it so he couldn't prove someone left a sticker. In all honesty, I never found a sticker on my bike.

    While they were towing it, they dropped it and it incurred some damage. The towing company was having trouble towing it because they were trying to balance it on the back. I took plenty of pics and videos. They made it maybe a half mile down the road where they pulled over because they couldn't get the bike to stay put on the truck. I waited with them because I was going to follow them to make sure the bike was safe. Another tow guy showed up, to give advice it looked like to them. Out of frustration and leaving for vacation tomorrow, not having time to deal with this, I agreed to not claim the damage on them for them dropping the bike. They dropped the bike and I left.

    No my main concern is the verbal contract I made with them. I feel like it's void because they didn't have legal possession of my bike. Everyone gave me the run around as far as who's liable to leave the notice. From what I read on Texas code, if true, is they have to give me direct notice or certified mail, so a sticker wouldn't even count if it was placed on my bike.

    What should I do? Management isn't in the office tomorrow. I think I'm going to go to the police department and file a complaint. I feel like I need to prove illegal possession then seek damages.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,173

    Default Re: Towed from Apartment Complex in Texas but It's

    Your verbal agreement not to claim damages is not going to hold up because they had your bike hostage.

    From what I read on Texas code, if true, is they have to give me direct notice or certified mail, so a sticker wouldn't even count if it was placed on my bike.
    I don't think the notice issue is going to matter.

    What counts is that the tow operator had your bike in his possession and damaged it.

    That should be all you need for a small claims lawsuit for the damage.

    I would include the apartment complex as a defendant along with the towing company since the tow operator was acting as agent for the apartment complex.

    As for a complaint, I doubt if the police are going to do anything but feel free to make one.

    More likely the proper place would be the Texas Department of Licensing and Regulation:

    https://www.tdlr.texas.gov/towing/towinglaw.htm

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