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Illegal Towing

Ayala Defeats Property Owner’s Motion for Attorneys Fees Against its Client in Illegal Towing Case

By August 1, 2022No Comments

In what’s a more recurrent pattern, property owners and tow companies are trying to have their attorneys fees paid by consumers in towing cases—even when they haven’t even won the case—as a plain effort to intimidate consumers and dissuade them from lawsuits using consumer protection statutes.

In the present case, Ayala’s client alleged that, despite having a valid reservation agreement (and email confirmations permitting her presence) the Defendant still ordered the tow of her home trailer—with all her possessions in it.

The defendant moved to dismiss the case alleging that the named defendant was not the correct property owner. After amending the complaint to list the correct defendant, the property owner moved for attorneys fees arguing, among others, that Section 715.07 of Florida Statutes gives it a right to attorneys fees.

Setting aside for a moment the fact that the property owner defendant did not win the case on the merits (and obtain a judgment) Ayala’s attorneys argued that section 715.07 contains a unilateral, not a bilateral attorney fee provision.

Section 715.07(4) reads in part:

“When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney’s fees; and court costs.”

As seen, 715.07(4) allows for an award of attorney’s fees when a person improperly causes a vehicle or vessel to be removed. Nothing in 715.07(4) reads that the entity removing a vehicle obtains attorneys fees if it prevails—what the defendant was arguing in the current case.

For more information about illegal towing litigation in Florida contact an experienced illegal towing attorney in Miami at 305-570-2208.

You can also email trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

You can also scheduled a case evaluation online at https://www.lawayala.com/consultation/

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