Okay, so I am a 21 year old college student taking an introductory Business law Course so my legal principles are vague and apply to most situations without specification.
This question that I pose has to do with Towing, the policies tow companies impose, and the release of the vehicle.
First off, through my own research I have found that the majority of cases against tow companies are disputing the actual tow. Though technically I was right to park there I am NOT arguing the actual tow. The tow company had probable cause to tow my vehicle.
Moving on. What I plan on filing suit for is violation of 5th and 14th amendment rights to the deprivation of property without due process.
Currently, if you are towed by non-consent for trespassing, you are not notified in anyway and charged by the calender day for impound fees. By the time you figure out your car was towed, the first thought running through your mind was a stolen car. So you call 911 and they inform you of the tow. That is emotional distress!!! Anyways, the tow company holds your car until they receive full payment.
This means that they will deprive you of your car until you pay in full the amount without a hearing. You have to sign the documents they hand you and pay in cash or debit (no credit) before they release the car. It would be my understanding that the signing of these documents would be under duress, therefore voiding any contract you may have to agree to. This includes the receipt that you sign for your debit card and the paper agreeing to pay the amount.
Nevertheless, my point is that because they hold your car until full payment received and do not offer multiple payment options, or have state regulated prices (meaning they could charge $500 if they wanted to) that they are in violation of 5th and 14th amendment rights...
Someone PLEASE tell me why I am wrong on this so I can get over it...if not I will be filing suit tomorrow
The State is Texas, County of Travis, and City of Austin