It all starts with a plan. When a tow company has a beef with a city, state, or any other kind of governmental agency, the first thing I usually recommend is that the tow company send a sunshine law request to the offending governmental agency. A sunshine law request, or open records request, is a law requiring certain proceedings of government agencies to be open or available to the public. Though there are exceptions, sunshine laws basically require that a government allow members of the general public to view certain documents.
One of the first questions I am asked by new tow clients seeking to collect an unpaid tow bill is almost always “if we win, does the other party have to my legal bill?” The answer is usually no. Truth be told, I don’t find this rule of law to make a whole lot of sense to me. However, the “American Rule,” where everybody pays their own legal fees, is alive and well. As a result, suing to collect a light duty tow bill often becomes cost prohibitive. Lawyers are not cheap. If a tow invoice is $500.00 or $600.00, a lawyer’s fees to collect a bill might very well exceed the cost of this invoice.