What court should I sue a towing company under who illegally towed a vehicle and continues to pursue me for payment?

I have evidence that proves a vehicle was towed from my apartment complex illegally. It includes city ordinances that describe requirements for fire lanes which the space that the vehicle was towed from did not meet as well as statements from the local police department. The apartment complex did not call to have it towed specifically as the company was doing a “routine check”. I have presented this evidence in writing twice to the company but they still are pursuing payment as well as threatening to damage my credit report. I missed work, among the costs associated with this incident. Do I take them to small claims court? If so, what damages can I sue for?

Asked on July 23, 2012 under Business Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

Small claims court in Arizona is for claims up to $2,500.  Justice Court claims can be for up to $10,000.  It is unclear whether you have a claim against the towing company or someone else.  Who called the towing company and asked them to tow your vehicle?  What company was doing a "routine check"?  Your damages are probably your costs to get your car back.  Lost wages are unlikely.

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