If I pushed my old roommate’s abandoned/wrecked car out of my parking space and it got towed and fees were incurred, can I be sued if I don’t pay?

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If I pushed my old roommate’s abandoned/wrecked car out of my parking space and it got towed and fees were incurred, can I be sued if I don’t pay?

My old roommate abandoned their wrecked car, in my assigned parking spot at my apartment complex – even though I repeatedly said to get it out. A year later they said they would actually come down for it, but they couldn’t make it last minute, they were “busy”, so since it seemed they were never really going to do it, I was fed up and pushed it onto a legal parking spot, and a couple days later it got towed. They got billed $1000+ and they want to sue me if I don’t pay their fees. I want to know if legally I did anything wrong. I feel as though I was abating a public nuisance.

Asked on July 10, 2012 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well, maybe; maybe not.  There are a few different ways this can go.  First, if they were trespassing on your spot then legally you could probably have had them towed.  But instead you actually pushed the car out yourself.  That may not be fatal to your cause but it was not the best way to handle it.  Second, if they were storing it under your consent then they could claim a bailment and any thing done to alter that could fall on your head.  If they sue consult an attorney in your area with all of the facts.  Good luck.


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