Vehicle stolen by apartment complex and sold at auction
Posted by BaizuoHunter69@reddit | Dallas | View on Reddit | 123 comments
Location: Dallas, TX
My car was stolen by my apartment complex and sold at auction without any notice. Seeking advice on next steps to take. Briefly:
- For nearly one year the car was listed on my lease agreement
- Car has current registration and insurance (in Kentucky; out of state)
- I have paid the monthly parking spot fee since adding it to my lease
- I still have the car title
- Car was sold at auction without any notice
Due to my job as a flight attendant I travel frequently and do not drive often. Yesterday, I discovered the car was missing. I first called 911 and reported it as stolen. Next, I contacted the tow company at my complex who said they had the vehicle then said never mind, the first few digits of the VIN do not match (despite the make, model, year, color & Kentucky plates matching). The police spoke to the same Spartan tow company and after a lot of back and forth we learned the car was towed then sold at auction due to no response to a demand letter. I NEVER received a demand letter or ANY contact from the apartment complex before they towed and sold my vehicle.
The tow company’s story changed a lot in between speaking with the police. I do not know what date exactly it was towed and sold - sometime between April and June is my best bet. Also, it apparently bounced around different tow yards that do not have active phone numbers. Nothing about this makes sense. I am seeing red flags that tell me they stole the vehicle and sold it to put money in their pocket.
Any advice on next steps to take are greatly appreciated. I understand I need a Civil Litigation Attorney but do not know how to find a “good” one. I also do not know what actions we can take - sue the apartment complex? Sue the manager responsible for the car being towed? The manager who towed it is the same person who helped me add this vehicle to my lease.
Happy to provide more information as needed - thank you in advance.
macmany@reddit
Sorry to hear that.
How is it that these guys can snatch a car for $300 and storage fees or in your case sell it at auction, rather than help stranded people who actually need their services? I wish they had a conscious.
Over aggressive towing from a registered parking spot in your complex is out of control. Best of luck!
Historical-Cicada939@reddit
Wild !! Is the car a new car? Old?
Naanad@reddit
Start with a search the Bar association for all in your area. (Travel costs) Then search for the various attorneys and look for negative reviews against them by their opposing counsel customers. Those are clearly people who lost against hem and are pissed. Then look at mid levvel reviews because those are often who felt like they got mediocre support. if those are few and far between, you ound our person.
TexasBaconMan@reddit
How could they auction it without a title. I wonder if they got a bonded title. In addition to the above, maybe contact the DMV and see if you can challenge the bonded title
ViolenceInDefense@reddit
So if a car is at the tow lot, the registered address(KY in this case) gets a notice sent to it within 24hrs of arriving at the lot. Then another at 15 days. 30 days after the second notice, the lot will start paperwork to get the car auctioned off. Usually that will happen 60 days after arriving at the tow lot.
TexasBaconMan@reddit
Who gets the money from the sale?
monkeyman80@reddit
There's 2 scenarios. It pays for the amount owed for storage/tow or it doesn't. If it doesn't, they get a credit towards that and the person owes the rest.
If it sells for more then the money either goes to the owner or if they can't be contacted to the state abandoned property for them to claim later.
ViolenceInDefense@reddit
The lot keeps the money they are owed for the 60ish days of storage, what is left is sent to the owner iirc.
TexasBaconMan@reddit
The owner of the abandoned car?
ViolenceInDefense@reddit
To the same address the notices go to.
TexasBaconMan@reddit
TIL
ViolenceInDefense@reddit
There is zero reason for the tow lot to take a bond for the title, as once it is auctioned the winner receives paperwork to file for a title(an unbonded regular title).
texan01@reddit
Yeah there is a timeline they have to follow., it’s not a quick process.
ViolenceInDefense@reddit
Tow lots can be disgustingly predatory. But they cannot auction the car any sooner than 2 months, unless its considered junk/wrecked, then its is still 30 days at the quickest.So it was likely towed in April.
PantherCityRes@reddit
Car was registered in Kentucky. That means there is no title on file in Texas and since it was auctioned before a stolen vehicle report could be filed, there was nothing to indicate something was afoot.
TexasBaconMan@reddit
I get that but I don’t think an auctioneer can sell a car without any proof of ownership
notadoubletaker@reddit
They can if they get a bonded title for it
PantherCityRes@reddit
Well that’s definitely the rub for OP and why it’s all very fishy.
mamotx@reddit
It was 100% bonded. File a claim against the bond and get your money back.
ViolenceInDefense@reddit
/r/confidentlyincorrect ?
https://texaslawhelp.org/article/towed-vehicles
mamotx@reddit
please stop spreading misinformation. The DMV doesn't really care how got the possession as long as the vehicle doesn't show stolen. One of the steps to register a vehicle with no title,is getting a bond. A lien on the title does not prevent the bond to be issued. In fact, the DMV issues a NOD with a specific space to be filled out by the bonding agent called "Certificate of Lien Satisfaction". It's literally my freaking job.
JustRepeatAfterMe@reddit
If you have comprehensive coverage on your policy, auto insurance can help pay for your stolen vehicle.
One-Environment-9677@reddit
Wich apartment complex is it? I had my truck stolen on 2020 on 304 westcommerce st
jeff_jestis1981@reddit
https://www.tdlr.texas.gov/complaints/
badlyagingmillenial@reddit
OP, pretty much everyone in this post has given you horrible advice.
The apartment complex and towing company did not steal your vehicle.
You are required by law to register an out of state vehicle within 30 days of the vehicle entering Texas and you becoming a resident.
You had the vehicle on property for a year without registering it in Texas.
The apartment complex had the legal authority to tow your vehicle.
You're also going to run into big problems if you don't have a Texas license yet, you are legally required to get one within 90 days of residency.
Good luck, you're probably going to owe a lot of money in fines.
PassengerOld8627@reddit
That’s straight up sketchy as hell. They can’t just tow and sell your car without proper notice, especially if you’ve been paying for the spot and have proof. Get a lawyer who handles landlord or towing disputes ASAP. Demand all paperwork from the apartment and tow company like tow authorizations, demand letters, and auction info. File a police report if you haven’t already. Also hit up the Texas towing regulator. Keep everything documented. Sounds like they messed up big time, and you’re probably owed the car’s value plus damages. Don’t let them slide on this.
badlyagingmillenial@reddit
None of this is going to help.
OP didn't register her vehicle in Texas.
You are legally required to register your out of state vehicle within 30 days of establishing residency.
She kept had the vehicle + residency for a year without registering it in Texas.
The apartment complex was within it's legal rights to have the vehicle towed due to failing to register.
VegetableDiscount137@reddit
Not saying what was done to your vehicle wasn't shady, but the complex may be in the right having your vehicle towed. In the state of Texas, you have 30 days from the date you establish residency or secure gainful employment to register your vehicle and update your out of state license plate. In your original post, you stated it had been registered with the office for over a year, and you work as a flight attendant, so you're gone a lot. The tow company sent a letter to the address in which the car was registered in Kentucky. My experience with change of address with the USPS, is they only forward mail for up to a year after the request starts. So, the notifications were probably sent back to the tow companies as undeliverable. Best of luck to you. I know your situation sucks!
MagicianReady8350@reddit
I just saw this happen to a neighbor very recently. I've also been on the receiving end of the Dallas towing scam and never received a letter or any notice. Wondering around the unlit, glass covered lots of Peak Auto-storage in the middle of the night with a flashlight and a jump starter pack trying to find my wife's car.
Wrong_Music5087@reddit
You can also file a complaint with the Texas Department of Licensing and Regulation for violations and levy fines/suspend licenses. Here's a link for the complaint form. https://ga.tdlr.texas.gov:1443/form/Complaint
Independent-Emu7884@reddit
Abso-Effing-Lutely !!! That tow sounds dirty as hell and TLDR doesn’t play…I was about to suggest it, but you beat me to it. TLDR will drag them on non-compliance.
BaizuoHunter69@reddit (OP)
Thank you so much, I will look into this and submit the complaint today.
Wrong_Music5087@reddit
at best is gross negligence by your apartment complex and towing company; at worst, outright fraud and theft. It's Dallas, so I'll say the latter, lol. Request any parking/towing policy, any record of demand letters or notices allegedly sent to you, the written authorization for the tow, and the name of the manager who authorized it. certified letter, email or in person. Anyway you can. From the towing company, get the Tow slip and authorization document, Proof of demand letter mailing (date, address, method — certified mail is required in most states) , and Invoice for impound fees. This might be harder to get, but Bill of sale/auction documentation & Tow yard chain of custody (which yards it was held at and when) would help you greatly if you want to sue the towing company, apartment complex or property manager personally. i don't know if these people are even practising still since I've moved but I recommend David Wishnew — Crawford Wishnew Lang PLLC. They've handled cases on Civil litigation, property loss, and tort claims for years
Independent-Emu7884@reddit
Very sound answer👍👏 This is the way to start.
maybeormaybenot10@reddit
Conversion is the tort you are looking for here. Theft is a criminal statute.
BaizuoHunter69@reddit (OP)
Completely agree about the shadiness within Dallas... Thank you very much for the advice. I will be sure to track down those details from the complex and tow company. I already have the name of the manager. Part of me wonders if they auctioned the car under a different VIN.
Thank you so much for the recommendation for Crawford, Wishnew & Lang - they are still practicing and have great reviews online. I will contact them.
Icuras1701@reddit
Sounds like they had the wrong vin in the tow company system so that's why you never got any demand letters. Some little old lady in Nebraska was probably getting them because her vin was close to yours lol.
ShelbyDriver@reddit
Contact your insurance company. They have lawyers and may be able to advise you on next steps.
BaizuoHunter69@reddit (OP)
Good idea, thank you!
fetfreak74@reddit
If you still have a loan on it you may also contact the bank that has a lien on it. Since it would have been sold by ignoring that lien they may have a vested interest in this being resolved and could recommend/ provide an attorney as well. Worth a shot.
Independent-Emu7884@reddit
𝑰𝒇 there was a lien on it but she said she has the title.
arlenroy@reddit
I would let them do all the work, they'll find that car.
Thesinistral@reddit
You are an optimist. They will just make a claim and give bottom dollar for the insurance and then your insurance will skyrocket because you haven’t proven it was not your fault.
qolace@reddit
This country is a fucking capitalistic shithole.
Working_Succotash_41@reddit
Lol capitalism is the only thing that is gonna get that car returned
Grannypanie@reddit
He’d rather the bread line I guess.
77stickman77@reddit
Do yall read? They said they have the title which means no loan and they own it
evap0rated@reddit
The OP mentioned that he/she has the title, so I'm assume the car had no lien.
PiaJr@reddit
I'm not sure your insurance company will help you here. You say it was stolen. Your apartment complex will say they had a right to tow it and the tow yard will say they had a right to sell it. The insurance company is unlikely to get involved until that question is answered. Determining who is right would likely require a judge, and you're back to needing a lawyer. Your insurance can absolutely help if the judge determines the apartment complex had no legal right to tow or the tow yard had no legal right to sell. They will reimburse you and get the money back from the involved parties. But I would doubt they would get into this issue until the first question is resolved.
txnewsprincess@reddit
Make an insurance claim. Then the insurance company’s lawyers will sue.
codysdad89@reddit
This is probably the best answer- they likely have some really good advice & it won't cost anything to ask!
roccosito@reddit
There are unfortunately a lot of insider car theft rings operating out of apartments or businesses (even one at DFW airport got busted).
brymicrab@reddit
You have a huge lawsuit in your favor. They cannot legally do what they did. Even if your vehicle wasn’t listed and not being paid to sit in said parking space, they can’t just take your vehicle and put it up for auction. You’ll be happy soon—new vehicle and all. Emotional damage. Stress. Financial issues. Etc.
Kind_Strike_9026@reddit
This is where you can file against the towing company and apt, scroll to the bottom of the page
https://www.tdlr.texas.gov/towing/consumerinfo.htm
Cereal-Killla@reddit
The ex owns a towing biz… if you were towed, they’ll have pictures.. of everything. Your sticker, or lack thereof, signs.. etc, but you weren’t towed for no reason. If your car was sold at auction, they would’ve sent 2-3 certified letters in the mail before they received the lien. If it wasn’t paid off, your finance company would’ve also received certified letters & they could’ve claimed it since they still own it. You cannot sell a car at an auction w out a title. Your car was not sold w out a clean title.
Check your mail. I hope this helps.
rockstar504@reddit
Tow companies are the hugest pieces of shit on the planet
illegally tow car
only accept cash as payment
increase fee by a huge amount per day it isn't claimed
at 30 days or whatever they legally auction your vehicle and keep all the money
Fuck em all in the ass with a cactus
AForea@reddit
Seconding this, it’s not possible to find a cactus big enough.
My car was towed from my apt complex years ago, because it was slightly on the white line (the “space” beside it was not a real parking space, it was half the width due to being a corner spot). After reporting it stolen, the police confirmed it was not reported to having been towed and went ahead with the report.
I called my apt office to report the theft in the area, and when they got back to me days later, they casually mentioned the tow company they work with. What do you know, they had my car, AND it was there for three days so they charged me $385 to get it back. They never informed me or the city of their possession.
Come to find out the tow company has a contract with the complex; I noticed they would drive around slowly between 4-5am to hunt for their next victim. I’m pretty sure the complex gets a kickback from each vehicle seized.
Idealistt@reddit
Cars towed from Dallas proper must go to a Dallas lot. Suburban cities haven’t mandated that practice or price capped tows (121 in Dallas vs 272 in the surrounding cities)
VSFs are mandated to take both cash and card
22.85 a day is what the state says can be charged for storage (+$50 notification fee once lien is applied)
Closer to 45 but yes this is how storage liens work in Texas
doink992000@reddit
Hopefully, some attorneys come on here and give you the real deal.
TheGreyVicinity@reddit
1) Look and see if your employer offers any type of legal insurance. Search a few companies online and see if they offer discounts to your airline’s employees. It’s usually $15-50/mo, super cheap and a life saver if you ever need it. I had clients at my last firm who used it and I can 10000% say it was worth it.
2) File a police report. They’re going to tell you that this is a civil issue—they are wrong (I have dealt with similar situations at my last job no less than 20x), but insist that they make the report. If they lied about sending a notice, that’s Fraudulent Transfer of a Motor Vehicle under § 32.34 of the Penal Code. Tell them that and start bugging the shit out of them a week later so they’ll actually do something.
PantherCityRes@reddit
You got the right idea, lawyer up. Sounds kind of lame but you could honestly ask for a referral from any of the crazy ambulance chaser ads you see. They wont be the right ones to take the case imo, but they should know someone who will.
Once you have filed the lawsuit, move and direct the apartment complex to contact your attorney you have hired with any communications whatsoever. You do not want to be an active target for any retaliation, especially since this kind of smells criminal.
BaizuoHunter69@reddit (OP)
Thank you, I am actively searching for attorneys now. I will definitely be moving ASAP and will direct the complex to speak with the lawyer - thank you for this advice!
AncientPC@reddit
https://www.avvo.com/ is Yelp for lawyers, or your state's bar website can refer you to some lawyers.
No affiliation to Avvo, just some personal experience finding good lawyers for a few unfortunate situations.
Intelligent_Gur_5253@reddit
Call the Dallas Bar Association. They can give you some attorneys who handle these case. It falls under breach of contract, conversion of property. Fraud. Tort claims.
OopsIHadAnAccident@reddit
Not sure which airline you work for but there’s typically reputable legal services available to employees. I’d look into that.
noncongruent@reddit
Second not talking to the complex. From now on all communications between the two of you should go through your lawyer.
Snobolski@reddit
If you have comprehensive coverage that covers theft, your insurance has the lawyers.
PantherCityRes@reddit
Comprehensive insurance most of the time requires it to be considered criminal theft. If the police are unable to determine if the crime of theft occurred - then they may not lift a finger for a civil case.
Thesinistral@reddit
Don’t talk to the apartment complex. They will be in the lawsuit.
BenderIsNotGreat@reddit
Also make sure to read your lease. They may try to retaliate by aggressively enforcing technicalities in the lease (e.g. lease says no pets over 20lb, this one is 21lb)
IntlAuctioneer@reddit
Send me the VIN.
IllustriousDay5869@reddit
Who do you think “stole” and “pocketed the money”?
The people advising you to sue your apartment are off-base. It might’ve been your apartment that called tow company, it could’ve been a neighbor, who knows. Your best bet is gonna be to go after the towing company. Do we know which company towed it and what lot it was in? That’s gonna be the place to start. Do you have any footage of when it was towed perhaps from ringing doorbells or security cameras? Not knowing when it was taken or by whom with no documentation or proof is going to be a pain.
In general This is gonna be a complete PITA for you though and I’m sorry!
OopsIHadAnAccident@reddit
Doesn’t matter who reported it, apartment complex should still have to approve it. My car was towed out of my complex while registered and legally parked in MY spot. I could have gone after the complex over it but opted to pay the towing company their extortion money. In the end it was cheaper to pay them the $200 to release it than it was to get an attorney and take days out of my schedule going to court over $200.
Tow companies are shady af and I would bet OP’s situation involved a lot of illegal factors.
IllustriousDay5869@reddit
But once it’s towed off the lot, for whatever reason, if the tow company did a bunch of shady stuff, the apartment complex is going to say they’re not responsible (and they’re not)
OopsIHadAnAccident@reddit
Yeah. That’s what they told me when I confronted them. I even had the laws the broke ready and presented it to them. For example, they had no tow signage anywhere on property. Thankfully I saw the tow truck as it was pulling away and jumped in my friends car and followed it otherwise I would have no clue where my car went and would have assumed it stolen.
burgercatluna@reddit
Usually apartments have a contract with a towing company, they likely towed it because whatever registration system they use didn’t show his or her car so the tow company saw it as free game. Depending on where the tow company got the direction to tow it, would determine who they could sue along with the tow company
spoodlat@reddit
Sadly, this happens more often than you think, even from the "good" apartment complexes.
Our office had a case similar to this. And if you have a lien on your car, you're going to want to notify the leinholder as well. You may want to contact the lien holder first. Because I guarantee they didn't pay off any lien that was owed on your car before they auctioned it. They can work with you in filing suit against your apartment complex, the tow company, and the person who bought your car. That way, you won't be out a fortune on attorney's fees. Because by them, filing suit, they're protecting their interest as well.
misscrankypants@reddit
Report it to your insurance company. This is what they are for. Your car was stolen.
Hopefully you don’t have progressive.
OddS0cks@reddit
Why are tow trucks companies the scummiest people on earth
IllPurpose3524@reddit
There's no way there's not more to this story you're not telling us.
kirasiris@reddit
If there's a way for you to get ownership of the apartment complex, that would be great.
Eye for eye is what they say, am I wrong?.
Get a good lawyer lol. You have such a huge opportunity to get a good amount of money.
bigyittiezz@reddit
You should definitely get a lawyer and warn your fellow residents too. An apartment complex in Denton pulled the same crap on me and towed my car even though it was on the lease. Thankfully I was able to get it back in time.
burgercatluna@reddit
Yes!!! This is getting crazy! My car was towed from my complex “because it wasn’t in there system” but they were the ones who changed ownership and didn’t properly transfer things over. I had to threaten to call and report my car stolen because i had proof that I pay for a parking spot and they eventually acted as though they were doing ME a FAVOR by giving me MY CAR back ☠️
bigyittiezz@reddit
Absolutely insane what these rental companies get away with in Texas
qolace@reddit
It really is so infuriating. Like it isn't hard enough renting in the first place.
frostiebuggie@reddit
Call the news and blast the towing company and apartment complex
Brilliant-One1212@reddit
All too familiar with spartan towing. Worst of the worst
ThatResponse4808@reddit
Ugh spartan tow company took my car outside my apartment one time when I ran inside and forgot to throw my hazards on…. and I’m not kidding my car was outside for less than 5 min. They’re super predatory. I’m sorry 😭
Jackieray2light@reddit
If you have full coverage call your insurance and do what they say, if not call a lawyer or maybe 2 and do what they say.
About 20yrs ago, the hostess at the bar I worked at borrowed her parents 76 Lincoln while they were on vacation in Europe. She said she paid for parking in Deep Ellum and left the ticket on the dash but the car was towed. The next day I drove her to a super shady lot on Dowdy Ferry Road, and they said there was no ticket on the dash, also they couldn’t release the car to her since it was not in her name. She called her parents, and they said they would deal with it when they got back in 2 weeks. When they returned, they were told that it had been auctioned off and given backdated documents to make it look like they had the car for 3months. The police refused to do anything, so they hired a lawyer. 2yrs later it comes out in court that John Wiley Price the Dallas County commissioner for Prec3 bought the car 6 days after it was towed. They ended up getting their car back with only a couple hundred extra miles on it and a new stereo system.
Keep_Plano_Corporate@reddit
This is the most Dallas thing ever... Ole JWP up to no good.
arabs_legend@reddit
Sue the shit out of them, Spartan two are assholes. They towed my dad's car even though it was registered and parked with no issues. Sue the apartment complex and the two company.
Wrong_Music5087@reddit
For other lawyers, you can call the Dallas Bar Association. And they'll be able to recommend someone(214) 220-7444. Tell them you need a litigation attorney specializing in Wrongful towing, Conversion of personal property, and Landlord/tenant property disputes.
altagato@reddit
There's a FB group called "ask a Texas attorney a question' too.
BaizuoHunter69@reddit (OP)
Great idea, I will contact them today. Thank you for your reply and specifying which type of lawyer to ask for - very helpful. Thank you!
TopNeighborhood2694@reddit
This
glitterissour@reddit
More than likely it was sold at auction by using a licensed storage lien foreclosure , they do not need the title to do this. The storage facility needs to notify the registered owner about the sale, the registration being out of Kentucky may be where the problem starts. Texas has no record of the vehicle, so they’d have to do some type of vehicle search to get owner info to notify.
Idealistt@reddit
Texas requires 2 notices. Owner probably has two pieces of certified mail sitting somewhere in GA telling them their cars gonna get auctioned
Redreaper_22@reddit
What apartment I’m looking to move I want to avoid
Idealistt@reddit
In order to auction the car off they had to have sent a minimum of 2 notifications to the address listed on the registration which is sent through certified mail and takes a minimum of around 45 days from the day after they towed it.
Flashy-Lemon-4682@reddit
Put the apartment on blast so people know not to move there
Professional_Sand771@reddit
Something similar happened to me OP, not entirely the same but essentially now I have a ring camera (I had an extra unused one) and a balcony that faces my apartment lot. I taped my ring camera to face the parking lot and when I go out of town I periodically check the camera to make sure my car is still there. It’s iffy with the movement detection since my distance is farther but does work. Highly recommend getting a camera (or even a ring) when you go out of town just to check in on your car. Especially if you go away frequently and/or for long periods of time.
JonasSharra@reddit
I had an apartment complex think I moved out early. I was paid up. I showed up the last few days of my lease with my moving truck and there were workers in my now.empty apartment painting. My apartment complex took all my stuff out of my apartment and put it at the dumpster so everyone who wanted to could come take it. My rental insurance company sued them for me. Still lost a lot of precious things.
Thesinistral@reddit
Get a good attorney and sue everyone. The ones that don’t apply will be dropped from the suit eventually. Make notes, make note of the time you spend chasing this, keep records of all phone calls and written correspondence. Lawyer can guide you through.
Don’t listen to the advice to follow the insurance company’s advice. Remember, they are not your advocate. Get a lawyer.
Intelligent-Extent42@reddit
Spartan towing is predatory towing at its finest!!!!!! They towed my stepdaughter’s car from my parking garage Saturday night, despite being parked in the correct spot and registered as a visitor. Please file a complaint against them with TDLR, and I plan on requesting a hearing in front of a judge. I am about to go talk to my apartments, while someone answers the phone number for Spartan towing, they refuse to give you any real information. I requested a photo of the car parked incorrectly, I was told I would have to request it via email. Shocker, I haven’t heard back. Good luck to you, if anything about my experience is helpful to you- please let me know.
sodiumn@reddit
If you aren't already familiar, look into filing a Tow Hearing with the county Justice of the Peace court! You have to do it within 2 weeks but it's cheap and super simple since it's JP court, a great way to get your money back.
Intelligent-Extent42@reddit
Thank you!!!! I’m going to do this!
SpicySquirt@reddit
Let your insurance company sue
DaSilence@reddit
OK, so everyone and their brother screaming at you to “go find a lawyer” are jumping the gun.
Two important questions:
TheRagingBull84@reddit
Call your insurance company ASAP if you have not already and provide police report etc.
They’re going to bring the heat since they don’t want to be on the hook for the stolen vehicle
dothacker81@reddit
I think the apartment will owe you LOTS of money, and a new car :)
UnceUntz@reddit
From Gemini
The best course of action for the original poster (OP) regarding their vehicle that was allegedly stolen by their apartment complex and sold at auction is to:
Seek Legal Counsel Immediately: The most crucial step is to consult with a civil litigation attorney who specializes in property law, consumer protection, or landlord-tenant disputes in Texas. The OP's situation involves complex legal issues regarding vehicle possession, notice requirements for towing and sale, and potential damages. An attorney can assess the full scope of the case, determine applicable laws (such as the Texas Property Code regarding towing and lien sales), and advise on the strongest legal claims.
Gather All Documentation: The OP should compile all relevant documents, which serve as critical evidence. This includes:
Police reports filed regarding the stolen vehicle.
Understand Potential Legal Claims: An attorney will be able to determine the specific legal actions that can be taken, which may include claims for:
Fraud or Misrepresentation: If there is evidence of deceptive practices by the apartment complex or tow company.
Continue to Cooperate with Law Enforcement: The OP did well by involving the police. They should continue to cooperate with any ongoing investigations, as a criminal inquiry might uncover additional details relevant to a civil case.
Given the inconsistencies in the tow company's story and the lack of notice, it's vital for the OP to have legal representation to navigate this situation effectively and pursue appropriate compensation for their losses. You can find more details about the original post on the r/Dallas subreddit: Vehicle stolen by apartment complex and sold at auction.
Liteboyy@reddit
Checkout r/LegalAdvice
Imaginary_Builder_56@reddit
Unfortunately, lawyers need to be involved in this, but I would first start with small claims court.
If you can get a judicial ruling that they violated your lease because you had the vehicle registered, we’re current on tags and insurance, and had been paying the fee to store or parked the vehicle. You can establish precedent that they had no right to your vehicle.
You can then use that in a civil case to get compensation for the vehicle which would be way in access of an average small claims court’s abilities.
In addition, I would involve local news stations which have consumer advocacy divisions. In Phoenix, where I live channel 3 channel 5, channel 10, and channel 12 all have some form of news on your side.
CatteNappe@reddit
"I also do not know what actions we can take" That's what a lawyer is for.
The_HomieNextDoor@reddit
Spartan towing is the absolute worst to work with. Good luck to you
Remarkable_Common312@reddit
And landlord-tenant specialist may well be the right attorney (source: i am an attorney, that's who i'd start reaching out to among my own network of contacts)
el-toro-locos@reddit
I agree with suing. Sue the complex for negligence, fraud, and breach of contract. You can also get attorneys' fees here in Texas for a breach claim. Unfortunately, you may also have to sue the purchaser. They may have a good faith purchaser defense, but may be the only way you get your car back. Also--let them assert that affirmative defense and prove it. They may also be involved and have knowledge of the process (i.e. not good faith).
berryer@reddit
Generally an attourney is going to recommend you sue everybody because then the apartment complex & the tow company are going to start pointing fingers at each other - the tow company will effectively help the case against the complex & the complex against the tow company, whichever courts ultimately find at fault. I'm not a lawyer though, lawyer up.
Catullus13@reddit
This is why you buy cars or houses with clean titles. The person it actually screws is the person who thought they bought it.
BCMBCG@reddit
Do you have ANY lawyer contacts? Any business contacts? I’d chase those avenues for an attorney referral.
BaizuoHunter69@reddit (OP)
Minimal personal contacts but I have asked a few attorney friends in the area for recommendations. Still waiting for their response but I figured I would try all avenues of approach. Thank you for the reply
Intelligent_Loan2058@reddit
I'd sue the apartment complex personally. It sounds like you have a good case, I'm not sure how to find a good lawyer though. Best of luck!
BaizuoHunter69@reddit (OP)
Thank you!