Legal Question in Consumer Law in Missouri

class action against towing company?

My car was garnished after a fee dispute with an attorney. The deputy sheriff had my car towed by a local towing company. It was held by the towing company for 2 months while I worked out the fee dispute. I picked up the car a few hours before it was (supposedly) going to be auctioned. The towing guy presented me with an invoice that said ''towing - $100'' and ''outside storage - $20.'' I was prepared to pay $120. The towing guy said it was $20 PER DAY for storage. The invoice did not reflect this, just stating that storage was $20. Not per month, not per day, not per hour. The invoice actually says it is unlawful to charge in excess of the amount allowed by this invoice. I questioned the guy about this, and he verbally threatened me. I paid the $1400 and got the car, only to find that the stereo had been ripped out. My question is about the storage fee issue, not the stolen stereo. I checked with other local car storage companies, and they charge about $35 per month, so $20 per day ($600 per month!) is way out of line. I plan to go to small claims court over this, but was wondering if I have a class action suit against the towing company. The class would be people who were unlawfully charged $20 per day for storage.


Asked on 11/03/06, 12:42 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: class action against towing company?

The individual who had your car towed should have been responsible for the towing bill. The individual who had your vehicle stowed should have been responsible for the storage fee. Your payment of the amount was under duress. You could sue for all these.

Your storage fee created a "bailee for hire" situation, and the storage company had a duty to take reasonable precautions to protect the stereo. Add the stereo to the amount you're suing for. They'll claim their sign says they are not responsible, but the sign does not trump the law, and you did not enter into the bailment, the bailment was forced upon you.

I would not think this would be a class action situation.

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Answered on 11/03/06, 8:48 am


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