If my car was towed away from a private parking lot due to improper signage, can I sue in small claims court or does the owner need to pursue it?

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If my car was towed away from a private parking lot due to improper signage, can I sue in small claims court or does the owner need to pursue it?

I am fairly confident I can win a small claims case in Missouri to get double my money back. Regardless, my only concern is that I am a college student and the car title is in my grandmother’s name (her attendance in court is not possible). Am I still able to pursue alone? If not, what actions must I have my grandmother take?

Asked on November 11, 2014 under Accident Law, Missouri

Answers:

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

Answered 6 years ago | Contributor

You were driving her car with her permission correct?  Then I would obtain a Power of Attorney to act on her behalf and then bring the action in the appropriate court.  If the ticket was issued in her name then she has to bring the suit even though you paid the fine.  And if you win the funds will be written in her name. Good luck.


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