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Old 01-14-2009, 12:09 PM
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Default legal question

Here is the story. My husband drives for a contractor at FedEx Ground in Kentucky. When he was hired, his boss told him he could leave his car in the parking lot and take home his work truck. So he did. When he had time, periodically he would stop and start the car. He went to start the car the week of Christmas to bring in home and it was gone. He then called his boss and told him his car was gone. His boss made some phone call to find out later it had been towed by Fed Ex. It took 2 days to find out what comapny towed it and get a phone number. There is nothing in the parking lot stating they will tow your car for any reason and no written policy. It is private property and I was told by the TM they can tow what ever they want. She claims she notified supervisors who were then supposed to contact contractors to find out who drivers cars were going to be towed in one week. My husbands boss was not notified, so my husband was not notified. The tow company told me at first they don't notify anyone either. It has taken me three weeks of trying to get al hold of some one that knows there ***** from a hole in the ground to find anything out. Here is the deal, my mother gave us the car in July, could not find the title to sign it over to my husband at that time. The tags expired on August 25th but my husband did not even think about nor did my mother because it wasn't going anywhere until he had to bring it home. She finally found the title and signed it and they had it notarized. Then he found out the car had been towed 2 1/2 months before the fact. My mother was not notified by the tow company that they had the car and they originally wanted $3000 dollars to give us back the car. He told her we would get an attorney. I called her back and told her by law, their company has to send a notice certified mail after 10 days and 45 days and they didn't do that. She said she would research the situation and call me back because I called there several times and they claim they have no record of it. She called me back about 10 minutes later and said she talked to her manager and they want the car gone and they do a lot of business with FedEx and don't want to upset anyone so they will give me the car for $367 cash, 10 days and towing charge, w/ proof of insurance and valid registration. I figure they don't want me to call an attorney and tell them they didn't notify anyone by certified mail is the reason they offered me the car for the 10 day price. But, had the right people at FedEx notified the right people and told my husband the car would be towed in one week, he would have brought it home that day. Since that didn't happen, we are stuck paying money to get it back. Should I call an attorney to find out if I can get the money back from FedEx since they did not follow through to find out who's cars would be towed? I think we have leg to stand on here but want some advise from someone who might know. Any help would be appreciated.
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Old 01-14-2009, 12:29 PM
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I think you definitely have a leg to stand on, but unless you're doing this just to stand on principle or to prevent it from happening to someone else, I think you'd be better off just paying and getting the car back. An attorney and a court battle will cost a lot more than $367 and fees. So if it's a money thing, drop it. If it's to right a wrong and keep it from happening again, get an attorney and tear them apart!
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Old 01-14-2009, 12:42 PM
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Originally Posted by medic92 View Post
I think you definitely have a leg to stand on, but unless you're doing this just to stand on principle or to prevent it from happening to someone else, I think you'd be better off just paying and getting the car back. An attorney and a court battle will cost a lot more than $367 and fees. So if it's a money thing, drop it. If it's to right a wrong and keep it from happening again, get an attorney and tear them apart!
The tow company is already scared knowing they were wrong too by not sending a notice by certified mail. So I think I'll will call my friend who works for an attorney and talk to him. I think I'll have them give me the car and they can fight FedEx for the money since no one followed protocol for notification on the tow.
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Old 01-14-2009, 12:43 PM
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not to mention if you go stepping on fed ex's toes on this issue your husband and the contractor could be looking for a job alot to think about before you act
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Old 01-14-2009, 01:25 PM
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Originally Posted by easttnhillbilly View Post
not to mention if you go stepping on fed ex's toes on this issue your husband and the contractor could be looking for a job alot to think about before you act
I will deal with the tow company first and let them get the money from FedEx since they are both at fault.
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