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I just bought a car on 9/2, got home roughly around 8pm. The place I live have limited parking and only a few visitor spots. You’re required to have a parking tag to park in a non visitor spot. There were not any visitor spots when I parked. They person that towed my car says that there were at the the time he towed it. My car was towed sometime on 9/3 and I was forced to pay 100. I’ve already payed it and gotten my car back I’m just wondering if there is anything I can do legally because this was really upsetting and I feel like I just got robbed.
Asked on September 2, 2017 under General Practice, North Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You can sue the tow company for negligence. Negligence is the failure to exercise due care which is that degree of care that a reasonable tow truck company would have exercised under the same or similar circumstances to prevent foreseeable harm.
You can file your lawsuit in small claims court. Your damages (monetary amount you are seeking to recover in your lawsuit) would be the $100 you paid to have your car returned.
If you prevail in the case, you can also recover court costs which include the court filing fee and process server fee.