Whether you have a case against the tow truck company depends on a couple things. First, did the tow truck company have some authority to take your cars? They were probably acting under the direction of the municipal authority, which means they did. You still own the cars, which means you're responsible for making sure you pay taxes on them. Your intent to surrender the vehicles in bankruptcy does not change the fact that you own the cars. Second, if the tow truck company didn't have the authority to take your cars, you still have to prove damages. (In reality, if they didn't have the authority to take the cars, they are guilty of a criminal offense. But for a civil suit, you still need to prove damages). If you weren't using the cars, and intended to surrender them to your lender anyway, you'll have a hard time proving damages. You will need to tell the bank about the situation and let them know the location of the cars. Let them deal with the tow truck company.
Answered on Dec 30th, 2014 at 1:39 PM