The post Ayala Obtains $85,000 Global Settlement in Against Miami Towing Company that Towed and Sold its Client’s Vehicles first appeared on Ayala Law PA.

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/

The post Ayala Defeats Property Owner’s Motion for Attorneys Fees Against its Client in Illegal Towing Case first appeared on Ayala Law PA.

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 alleges, would have made it obvious that the owner was a service member. Other evidence like the fact that the Service Member’s car had at least one military decal, military documents were in the car, her address of record was at a U.S. Marine Corps base, and that she obtained her vehicle loan through Navy Federal Credit Union would have also made it clear it was a service member’s car.

Under the SCRA “[a] person holding a lien on the property or effects of a service member may not, during any period of military service of the service member and for 90 days thereafter, foreclose or enforce any lien on such property or effects

without a court order granted before the foreclosure or enforcement”  50 U.S.C. § 3958(a)(1).

Attorney Eduardo A. Maura in light of the news said: “it is remarkable—and we are happy to see—that the Department of Justice is getting involved in a towing case. The facts of the case highlights what is a recurrent pattern in the towing world: companies are quick to tow, and quick to sell; ask questions later.”

For more details on this news check Shore News Network article at: Article

For more information about illegal towing, or if you’ve been towed, call or text at 305-570-2208 or email attorney Maura at eayala@ayalalawpa.com.

The post Department of Justice Gets Involved in Towing Litigation and Obtains a $20,000 Consent Judgment for Service Member first appeared on Ayala Law PA.

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 at the Motion for Class Certification hearing.

In a class action case, a Plaintiff files a case on behalf of a putative class alleging a common pattern of conduct by the defendant that affected a large group of people—the class. In this case, Plaintiff alleges that when American forced vehicle owners to sign a release before they could inspect their cars when they picked them up, American violated Florida Statutes 715.07 prohibiting this specific practice.

Judge Spencer Eig agreed with Ayala’s theory of the case and certified the class. The case now moves forward towards trial as a class action.

For more information about class actions or our consumer protection practice call us at 305-570-2208 or email us at eayala@ayalalawpa.com.

The post Florida Judge Certifies a Class of Hundreds of Owners Whose Vehicles Were Towed by American Towing of Miami first appeared on Ayala Law PA.

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 were going to school, miss class. Endless circumstances affected by the fact that your vehicle—in a state with little or no public transportation—was towed.

But you are not powerless. Thankfully, Florida legislature realized the problem that predatory towing practices create in consumers’ lives. Thus, Florida enacted very strict towing laws. In fact, Florida, unlike other statutes or rules, requires that “[t]he towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance.” Florida Statutes 715.07 (2)(a). The key words here are “strict compliance.” In other words, if the towing company failed to comply with any of the requirements of the statutes, they could be responsible not only for your damages, but for the fees you had to pay a lawyer to recover these damages.

There are several requirements in Section 715.07 of Florida Statutes that are important to note, and that may help you fight towing companies back.

For example 715.07(2)(a)(9) specifically prohibits that a towing company make you “sign a release, before their vehicle is returned.” Often times, before you even have a chance to see if your vehicle is damage-free, you are made to sign a release of liability essentially saying that the towing company is not responsible for any damage to the vehicle.

Additionally, the towing company its required under Section 715.07 (2)(a) 2, to notify the municipal police department within 30-minutes of picking the vehicle. Failure to do it may render the tow unlawful.

Finally, there are strict signage requirements in Section 715.07(2)5 a-d. Some of them are: Two inch font, light reflective letters, located 3-feet from the ground, and others. In a strict compliance rule, the tow of you vehicle may have been unlawful based on signage failures, even if the place where you parked is questionable.

What do we recommend?

1. If you have concerns that your vehicle may be towed in a particular location, take a photo of the place where you parked your car and keep it. It’ll be useful should you have to file a case to recover damages.
2. Do not sign a release before you have inspected your car. And if they don’t let you inspect it, write in it: “Did not let me inspect” in the receipt.
3. Call the police to see if your tow was reported.
4. Keep all documents, receipt, photos, and evidence of the incident.
5. Call an experienced towing lawyer for advice.

The more people take these steps, the more we can, together, fight predatory towing practices. Call Ayala for a consultation at 305-570-2208.

The post Can Unlawful, Predatory Towing be Stopped? Concrete Steps You Can Take to Protect Your Vehicle first appeared on Ayala Law PA.