http://www.nccourts.org/Forms/Documents/367.pdf

to stick it to them?

6/20/2007 9:50:15 AM

It probably won't get you anywhere, but if you've got all the time in the world to waste on it...

6/20/2007 10:10:00 AM

if you have the time to waste, how can it hurt?

6/20/2007 10:16:13 AM

Hire ninjas to steal your car back and burn the place to the ground.

6/20/2007 10:38:38 AM

Never used it, but I don't see how a tow truck company is going to deny an order from the magistrate. I'd go for it if they towed my beater car.

6/20/2007 10:58:42 AM

deputydog told me about this when i got towed

6/20/2007 1:18:25 PM

so why did you get towed

6/20/2007 1:22:50 PM

i don't understand....it says you are still paying money. Are you basically paying the state money instead?

6/20/2007 2:10:49 PM

^ no, you deposit an amount you do not want to challenge with the clerk. The tow company can either accept that amount or take you to court over what they feel is the proper amount.

Basically, you get your car back via the order, and then the difference between what you think you owe and what they think you owe is settled formally in court. Essentially, it seems that the form allows you to get your car back while the dispute is being settled, rather than the tow company keeping the car until they get "full payment".

[Edited on June 20, 2007 at 2:22 PM. Reason : .]

6/20/2007 2:15:56 PM

so it's like priceline.com for tow companies?.....lol

6/20/2007 3:23:53 PM

I would just claim $0 and make them take me to court to get anything. If you jokingly claim $.05 or something then you would essentially be accepting that you deserved to be towed, but you don't agree with the cost of the towing.

6/20/2007 3:59:38 PM

Let us know how it goes. That would have been good to use when Midsouth towed my fiancee's truck out of our parking lot (EVEN THOUGH IT HAD A STICKER ON IT and refused to return it until we paid, and Gorman Crossings wouldn't do anything about it, go figure)

6/20/2007 4:34:25 PM

It would seem they would know about this, and as such, be able to justify the full price of towing your car. They may not be on the highest rung of the intelligence ladder, but they're not fucking retarded either.

6/20/2007 4:46:35 PM

Well, they may know about it, but most people do not. I never heard about it. Also, I thought there was some maximum to the towing fee of cars they don't have permission to tow, but I never saw anyone fight it. Also, most people need their car back ASAP, so they don't bother to fight.

6/20/2007 4:51:53 PM

The state does have laws for most counties that set the maximum towing fee, regulate the size/number/placement of no parking signs, etc. Some buildings/towing companies around here are known for blatantly disregarding the law. The police won't prosecute them for it and if they did the fine would be somewhere around $10 per violation.

The way I see this form is that it is a way to get your vehicle back and put the burden of proof on them. They cannot hold your $20,000 car hostage over a $100 towing fee. They will lie to your face and say that they can, but I think if you have a signed order for release of the property and you go up there you are going to get your car back. You may have to call the police and demand that they enforce the magistrate's orders, but that is to be expected.

Do you really think they are going to go through the trouble of taking you to court to get the $100, or do you think they'll just carry on with their business of illegally towing cars to make money?

6/20/2007 5:14:43 PM

I fail to see how this would work. You have to not only file the lawsuit first for the court to process this form, but you also have to pay the full amount to the clerk.

So if the towing company wanted $100 and you only undisputed $10, you would still give the clerk $100. On top of that you need the forms, money, etc to file the actual lawsuit. Then when the trial takes place the judge decides where the rest of the money goes. I suppose you could try to also sue for court costs, but I doubt you get very far.

This would be more for someone who took a car to a mechanic (also note towing was not on the form) and you authorized them to do A and B. When you go they want you to pay for A, B, C, and D. You then use this form to give them A and B right away and go to court about the whole C and D thing.

6/20/2007 5:52:07 PM

I could see doing this if you were towed at your own place because of there fuckup.

Or a situation like the one that happened to those Lake Johnson Mews residents where the apartment manager put fliers out during the first day of spring break then had there cars towed the next morning. When they got pack they had to pay for the tow and then like a week of storage fees.

6/20/2007 6:11:30 PM

The one time that I've been towed I came out of a music venue in Winston-Salem at 2:30 a.m. to find that my truck was gone. I was alone. It was a weeknight. I was supposed to be at work at 9:00 a.m. I had about $15 in my pocket, no credit cards, and there was not an ATM machine within miles.

There was one rusty old sign in the middle of the dimly lit parking lot saying "no parking." It was barely noticeable at the edge of the lot. The lot was directly across from the venue and I looked for signs when I pulled in. The lot was full of cars from other people that were attending the same venue. The tow truck driver basically towed cars for three hours straight at $125 per car. He did that seven days a week, three hundred some days per year.

There was no sign saying where your car would be taken if towed. There was no phone number to be called. I had no cell phone anyway.

The only thing that saved me from spending the night on the street was that some good samaritans who had been towed earlier came back around 3:30 a.m. to see if anyone was stuck. They had to drive back to VA (Danville iirc.) They drove me around Winston Salem for 45 minutes looking for an ATM machine, took me to the impound lot, called the tow driver's cellphone number, and offered to stay with me until he showed up to let my car out.

I didn't find out until later that there were several things about that towing operation that were illegal. The lot owner and tow truck driver were both scum. The Winston Salem police department was useless as was their magistrate's office. I don't intentionally park in spots that I shouldn't be in and while I might think twice about making a fuss to get my Honda S2000 back; they're gonna see hell trying to get a dime out of me if they tow my beater car.

6/21/2007 1:05:14 AM

tow companies rely on ignorance to make money

that and the fact that while they have your car in their possession, 9 times out of 10, you need it back ASAP. No time to go get a form signed when it is 3 AM and need your car.

I really would put predatory tow truck drivers at the lowest rung of society. And as long as people around Raleigh are ignorant to the laws of getting towed, tow truck companies will continue to prey on them.

6/21/2007 4:53:07 AM

Quote :

"I fail to see how this would work. You have to not only file the lawsuit first for the court to process this form, but you also have to pay the full amount to the clerk. So if the towing company wanted $100 and you only undisputed $10, you would still give the clerk $100. On top of that you need the forms, money, etc to file the actual lawsuit. Then when the trial takes place the judge decides where the rest of the money goes. I suppose you could try to also sue for court costs, but I doubt you get very far."

this isn't a lawsuit, you aren't suing anyone. at the worst you are out some time (not even that much) and the money that you would be out anyways. I can see this working a lot as towing companies often charge more than is allowed in Raleigh. ($100, $50 drop, have to accept credit cards IIRC)

6/21/2007 7:29:30 AM

So someone explain the process for using this form in detail. Can you use it outside of court hours or do you have to do it on a weekday from 9-4:30?

6/21/2007 11:19:03 PM

^ if you read the fucking form in detail you can see it requires the signature of the clerk or assistant clerk of superior court. Hence, you won't be getting that signature at 3am.

6/22/2007 2:28:02 PM

So it would be funny to put up $25.00 and get your car released.

6/22/2007 3:06:05 PM

You have to put up the full amount they say you owe, however, you can mark anything form $1 tot he full amount as uncontested. That is how much they get, to get the rest they have to go to court, if they fail to go to court you can have the remainder returned to you.

6/22/2007 8:15:47 PM

Oh.

Nice.

6/23/2007 12:05:11 AM

i remember Brentwood Towing back in the day. they changed their name, i forget what. man those fuckers were some white trash.

i used to daydream about filling my car's trunk with explosives (a la Timothy McVeigh), letting them tow it, then detonating their entire fucking lot at 4:30 am when no one was around.

6/23/2007 4:35:47 AM

joe is my hero with that post

but not the lot that would destroy innocent cars, just the truck and the driver

6/24/2007 11:35:25 AM