As a firm specializing in towing and lien litigation, we have filed a motion to amend our complaint against Regulated Towing Inc., a local Miami-Dade towing company, to include a claim for punitive damages.
During the case’s discovery phase, where litigants are allowed to gather evidence, our lawyers uncovered proof of our client’s, and their friend’s, urgent request to halt the vehicle’s sale.
Our client even requested to bid on his own vehicle. However, the owner and agent of Regulated Towing, Mr. Michael Fasano, fabricated numerous arbitrary requirements to prevent our client from doing so, even though this was a vehicle that should have been promptly returned to our client upon payment of the outstanding invoice. The arbitrary requirements to bid on his own vehicle included a demand for our client to prove availability of cash equivalent to the vehicle’s value, which Mr. Fasano arbitrarily stated was $20,000.
Our client then inquired with Mr. Fasano, citing Florida Statutes he had reviewed, whether it would be possible to deposit the funds in the court registry to halt the sale of the vehicle. Mr. Fasano responded, “I’ve never encountered that situation before,” and then proceeded to conduct a 29-second sham auction, effectively awarding the vehicle to himself at no cost. This is a common corrupt practice among tow operators, allowing them to circumvent the Florida Statute’s requirement to deposit excess funds in the court registry.
As attorney Eduardo A. Maura stated, “We take punitive damages very seriously. The facts of this case are egregious, and punitive damages are necessary to put an end to this corruption. This is blatant theft, and we are determined to prove it.”
You can view a copy of the motion here.
For more assistance with vehicles sold by towing companies, contact one of our experienced towing attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.
We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].
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