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Thank you for using JustAnswer. I am Loren, a licensed attorney for over 35 yrs and a certified expert on JustAnswer since 2009.
I know how frustrating these things can be, but I am prepared to answer your questions with the highest quality service to you!
If it is ok with you, let me take a minute to review your question. I will post a request for further information or an answer shortly. While I review, feel free to provide additional facts/information, if any. Please know that I will endeavor to respond immediately to every follow-up you post. I appreciate your patience!
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I have read your post. A bit more information would be helpful, please.
Thank you for the additional information. Please give me a moment to type my answer. If you have additonal facts you would like to provide, please feel free to add them to our chat thread.
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Not sure what "???" means, but please give mema moment to type my answer. Thank you for your patience.
If the tow company did not fully comply with the authortiy they were given by the HOA then your recouse is to demand they return the vehicle and compensate you for your damages.
If you can not reach a negotiated settlement then your recourse is to file suit for trespass to chattel. If the claim does not exceed $3500 you can file in small claims court.
That is helpful to you because small claims court is a "user-friendly", simplified process so that you can present a claim without the expense of an attorney. Also, it moves much more quickly than regular court.
You can get the necessary forms to start from the clerk of the court. Fill them out, file them with the clerk and place the filed complaint and summons with the sheriff for service.
You will receive a hearing date to come to court and present your case. Make sure you have your evidence and witnesses available for the trial.
You may also want to file a complaint with the AZ Attorney General. You can do so online at:
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Did you have any further questions about this, or require clarification?
The tow company would need to comply with the contract they had with the HOA. Likewise, the HOA would need to comply with their bylaws.
If either, or both parties, were not fully compliant then you would have a civil claim to assert.
I am just checking back to see if you have had a chance to read my answer and see if you have any additional questions about this for me or require further clarification?
You are very welcome. I hope I have addressed all of your concerns thoroughly and to your satisfaction.
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