Category

Wrongful Towing

Wrongful Towing

A Brief History of the §715.07 Florida Statutes—the Wrongful Towing Statute (Part I)

Section 715.07, Fla. Stat., was enacted by the Florida Legislature in 1976. Back then, a tow truck operator did not have a legal possessory interest over vehicles it towed on behalf of a property owner. This is because, in the State of Florida, a tow truck operator does not acquire a common-law lien over vehicles it tows pursuant to requests for non-consensual tows by property…
Ayala Law P.A.
December 1, 2021
Wrongful Towing

Who can be Held Liable for a Wrongfully Towed Vehicle?

  By Ryan Sawal On August 18, 2021, the Third District Court of Appeal handed down its decision in Lacayo v. Versailles Gardens I Condominium Association, Inc. Lacayo involved an individual (the “Plaintiff”) whose car had been immobilized by a Miami-based booting company while parked in Versailles Gardens’ (the “complex owner”) complex. Plaintiff sued both the booting company and the complex owner, Versailles Gardens for…
Ayala Law P.A.
November 11, 2021
Wrongful Towing

Towing Scams – What You Must Know About Towing Companies Deceptive Tactics in South Florida

Being towed is a traumatic event. You may have been going to drop your child at school to then find yourself car-less. Today, we discuss a common illegal tactic we see from towing companies at the time consumers go to pick up their vehicle after a tow. Imagine you were towed (legally or illegally, that’s a separate topic) and you go pick up your vehicle.…
Ayala Law P.A.
August 19, 2021
Illegal TowingTowingWrongful Towing

Department of Justice Gets Involved in Towing Litigation and Obtains a $20,000 Consent Judgment for Service Member

The Department of Justice sued towing Target Towing and Recovery (Target) in the US Court for the Middle District of Florida, Tampa Division, for the tow and illegal sale of a service member’s vehicle. The complaint alleges that Target violated the Service Members Civil Relief Act (SCRA) when Target sold the service member’s vehicle without providing her with adequate notice. A google search, the complaint…
Ayala Law P.A.
September 23, 2020
Civil LitigationClass ActionsIllegal TowingLitigationWrongful Towing

Florida Judge Certifies a Class of Hundreds of Owners Whose Vehicles Were Towed by American Towing of Miami

On March 6, 2020, a Florida judge certified a class of nearly 300 hundred vehicle owners whose vehicles were towed by American Towing of Miami (American), a south Florida towing company. The case was field originally in July 2018 in county court and then transferred to circuit court in March 2019. After overcoming innumerable hurdles and the defense dilatory tactics, Ayala was able to prevail…
Ayala Law P.A.
March 7, 2020
Civil LitigationIllegal TowinglawyerLitigationTowingWrongful Towing

Can Unlawful, Predatory Towing be Stopped? Concrete Steps You Can Take to Protect Your Vehicle

Most consumers, specially in south Florida, dread the moment they come back to their cars, and find that their vehicle has been towed. The experience can be awful. If you were going to pick up your child, you have to call someone to do it for you. If you were going to a meeting, reschedule. If you were going to work, call late. If you…
Ayala Law P.A.
October 14, 2019