Legal Question in Civil Litigation in Maryland

Re: damage by towing

You can sue the towing company in small claims court for the cost of replacing the damaged oil pan. First of all, you have to find out if the towing company is a sole proprietorship or is incorporated, so that you have the correct name and address of the legal entity involved. Then go to the district court in your county and get the complaint form, fill it out completely (sometimes the clerks will help you), making sure you name the towing company correctly. If it's a corporation, you have to serve the resident agent, who is probably also the president. You can get this information from the MD Dept. of Assessments and Taxation website-www.dat.state.md.us. There is a $20 filing fee.

Then you have to serve the complaint on the towing company. This can be done by certified mail, by a private process server or by the county sheriff, who charges $30. A professional process server will charge more, but you'll probably get quicker results. You can also ask a friend to deliver the papers to the towing company as long as it's someone at least 18. You want to make sure the right person is served--merely giving the papers to an employee isn't legally sufficient.

If you get service, you or the process server files an affidavit to that effect with the court and then the case is scheduled on the docket on the assigned date. You show up then and tell the judge what happened. Bring your invoice for the repair, it's your proof of damages. Good luck!