I am in North Carolina. My vehicle was requested to be towed by a rookie police officer because of an expired registration even though the registration was still good according to the DMV for another week. I had to pay $300 to get it from the impound yard, and further about $500 worth of tools and my eyeglasses were missing when I got it back. I want to file a small claim for recovery of my money and property and for damages resulting from not having use of my vehicle-- against the city's police department. Can I just file a regular small claims form (Complaint for Money Owed) or is there a special form or procedure or rules for filing against a department of a municipality?

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Originally Posted by lexx7887

I am in North Carolina. My vehicle was requested to be towed by a rookie police officer because of an expired registration even though the registration was still good according to the DMV for another week. I had to pay $300 to get it from the impound yard, and further about $500 worth of tools and my eyeglasses were missing when I got it back. I want to file a small claim for recovery of my money and property and for damages resulting from not having use of my vehicle-- against the city's police department. Can I just file a regular small claims form (Complaint for Money Owed) or is there a special form or procedure or rules for filing against a department of a municipality?

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In NY - and possibly California - you have to file a notice of claim if a municipality is involved within 90 days of the event, followed by a Court filing.

I don't understand why it was towed for an expired registration if the registration was still good - and you can prove it and, if that is the case, why you were charged for the tow.

Did they they explain that and ask you to sign a release that all of your belongings were in the vehicle when you picked it up?

If the paper work in the car showed it to be expired, the officer was acting in good faith, not "according to the DMV" no one cares about that, since the DMV was not at the scene,
But what does the paper work in the car show. That date is the date that has to show it was still valid.

If the officer was working on valid data at hand, there is no case.
If property was lost, again that case is against the towing company, not the police. And I will be blunt, I am sure it happens, but unless you can prove ( not your word) but other evidnece, to show things were in the car, I have never seen anyone prove things were in car over years.

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Originally Posted by JudyKayTee

In NY - and possibly California - you have to file a notice of claim if a municipality is involved within 90 days of the event, followed by a Court filing.

I don't understand why it was towed for an expired registration if the registration was stil good - and you can prove it and, if that is the case, why you were charged for the tow.

Did they they explain that and ask you to sign a release that all of your belongings were in the vehicle when you picked it up?

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I can prove that the registration was still good, and that the car was still insured. The officer was actually a rookie of six months. The tag was dated OCT but the tag is still good until the 15th of the following month, according to the DMV and the registration--which was in the car. He never asked me for a registration, however. The event occurred on Nov. 6th 2008, so the registration and tag was still good for 9 more days.

I initiated a verbal complaint with the P.D... his superior officer responded back and said that the police did not have the car towed, but instead the business I was at had it towed. It clearly states on the towing company's receipt, however, that "G.P.D." (Garner Police Department) had the vehicle towed.

So you are saying that I can fill out a small claims form and list the "City of Garner" as defendant?

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Originally Posted by Fr_Chuck

If the paper work in the car showed it to be expired, the officer was acting in good faith, not "according to the DMV" no one cares about that, since the DMV was not at the scene,
But what does the paper work in the car show. That date is the date that has to show it was still valid.

If the officer was working on valid data at hand, there is no case.
If property was lost, again that case is against the towing company, not the police. And I will be blunt, I am sure it happens, but unless you can prove ( not your word) but other evidnece, to show things were in the car, I have never seen anyone prove things were in car over years.

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As I explained to the previous answer--the paperwork was in the car, but the officer never asked for it. He saw the tag was dated the 10th month and this was on Nov. 6th, but the registration indicates good until Nov. 15th, thus the tag was still good. I attribute it to a rookie mistake... he was just six months on the job--coincidentally, he had just graduated from the 16 week curriculum at the same technical college I was and am attending the previous summer.

So if I file, should I file two separate cases--one against the towing company for the property and take my chances I can prove things were missing, and one against the City for improper towing? By the way, when I went to pick up the vehicle it was unlocked and I have a witness to attest to that.

Hello l:

Do what Judy said. You need to file a CLAIM with the city FIRST. If they deny your claim, THEN you can sue. When and if you sue, you can include the towing company as a defendant.

excon