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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.