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Old 07-15-2007, 06:39 PM
 
26,855 posts, read 53,689,368 times
Reputation: 20938

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I very rarely have to have a car towed... probably less than once a year.

My approach is to personally approach the improperly parked vehicle's driver or in some case leave a "Courtesy" note on the windshield stating that this vehicle is improperly parked and scheduled to be towed. I even commiserate a little and say, "I know I would appreciate it if someone would be kind enough to give me a "Heads-up" before finding my car towed."

In the overwhelming number of incidences the drivers were extremely grateful and promised that it would never happen again... most people will do the right thing when given the opportunity... life's to short to go around making enemies...

When I tow, it is generally an abandoned/stolen car... or a safety issue.
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Old 07-15-2007, 08:20 PM
 
124 posts, read 343,260 times
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Thanks, Ultrarunner, I hope that the HOA will settle because they assign that spot to me saying that it is safe. I just cannot believe that this is a civilized society and supposedly everybody is protected by law. When things happened, only the mean or slick ppl get protected.

The impound fee is more than $350 and they charge more if you don't take the car out of the facility. Do they have regulation on how much they should charge.

Regarding the small claim court, do I sue everyone in one case or in separate cases? Hey, I am really innocent.
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Old 07-15-2007, 08:25 PM
 
124 posts, read 343,260 times
Reputation: 56
By the way, ultrarunner, this tow company was not contracted with the HOA. It was the other resident who requested tow service from whatever company that is available. That is something I don't understand, our HOA has an assigned towing company. How come other tow company is allowed to get in the lot and tow the cars???
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Old 07-15-2007, 11:04 PM
 
26,855 posts, read 53,689,368 times
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All good questions...

I still would start with the HOA because the HOA told you where to park. Be sure to bring someone with you if you go in person...

Don't forget, you also have the option of bringing your complaint to HOA Board of Directors. Just be sure to document all of your steps in writing with times, dates and people contacted. Remember, you are "Building" your case.

From my experience, the plaintiff normally names all of the parties involved. This accomplishes two things:

1. It brings everyone together before the Judge at the same to prevent blame shifting to a party not present which would cause you to start all entire process over again.

Just a word of advice... don't be surprised if one of the parties contacts the court at the last minute requesting the court to reschedule. This is common tactic employed in the hopes the plaintiff will just give up.

2. When several parties are involved, more often than not, the case has a better chance of getting resolved before going to court.

I'm not a lawyer, but I have decided many binding arbitration cases and the procedures are similar.
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Old 07-16-2007, 11:03 AM
 
124 posts, read 343,260 times
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Thanks for your feedback, its informative and helpful.

My question is how many times can they reschedule appearance? Second, there is a process called "service of process" that requires mailing of a claim to the defendant. If he refuse to sign the certified mail, the service of process is invalid that means I have to redo that process. How many times can they do that? Can they do it indefinitely without any initiation of the case, is that right? Anyway to avoid this? Thanks.
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Old 07-16-2007, 12:28 PM
 
124 posts, read 343,260 times
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Default Why do we need HOA?

Why do we need HOA? What do they do? We in our complex has a board that is made up of members of homeowners? They make decision what to do to the complex. Everybody knows it. But then what does the managment company do? When I have questions, they don't seem to have any knowledge to help. They have a very slow response and they are not helpful because most of the issues have to go back to the board members. Why do we need the management company? Homeowners can form their own management group also and handle everything faster right.
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Old 07-16-2007, 01:25 PM
 
26,855 posts, read 53,689,368 times
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Quote:
Originally Posted by donalduckmoore View Post
Thanks for your feedback, its informative and helpful.

My question is how many times can they reschedule appearance? Second, there is a process called "service of process" that requires mailing of a claim to the defendant. If he refuse to sign the certified mail, the service of process is invalid that means I have to redo that process. How many times can they do that? Can they do it indefinitely without any initiation of the case, is that right? Anyway to avoid this? Thanks.
The Defendants can "Request" unlimited postponements or rescheduling... it is strictly up to the court whether these requests are granted or denied.

The courts tend to be very understanding of defendants. Excuses such as my child is home sick, my car broke down, I had an emergency call from work will generally work at least once. I have even heard of a judge granting a postponement because the defendant called the court the morning of the trial and said he had over slept.

On your second question, I would be surprised if the defendant "Did" sign for certified mail. Generally, you will need to hire a process server or you can have any adult, not involved with the case serve. Your process server should also come to court with you if you are not using a Professional.
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Old 07-16-2007, 04:26 PM
 
Location: Tijuana Exurbs
4,086 posts, read 10,637,086 times
Reputation: 4936
I went to small claims court once, and paid the sheriff to be the process server, $29 at the time, no doubt much higher now. Just added the cost of the process server to my claim which is perfectly legitimate. Still, it's too soon to begin the legal process on this issue. You really need to get in touch with your HOA Board first. Absolutely, keep gathering together all the paperwork for your case and documenting the time and dates, and content of your phone calls and conversations, but hold off filing court papers.

HOAs, or Home Owners Associations, hire the management company because the home owners on the board neither have the time nor expertise to manage the details of a large complex. By hiring the management company they get professional advice that helps them to avoid making costly mistakes. And a costly mistake isn't a $150 towing charge because they screwed up the parking assignments, a costly mistake is choosing an incompetent contractor to replace a $200,000 roof.
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Old 09-04-2007, 10:45 PM
 
2 posts, read 5,118 times
Reputation: 10
Question Help Paula


You seem to be the most asked. We're in a California HOA, washed something off where we are allowed to, but the drainage isn't working properly. This caused the water to flow into three parking spaces. I was told not worry about it when I offered to clean it, only to later get an emergency steam cleaning bill for asphalt for $325.00. My board has denied my claim to reverse the charge. My main concern is A.) the drainage was not working properly forcing the water into parking instead of down the drain. B.) With hundreds of other paint splashes all over the alley, this did not warrent an "Emergency" call. I actually had raw sewage backing into my unit and it was not treated as an emergency. I submitted bills to replace my towels and linens ruined in the sewage back up. They denied these, too. What next?
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