Tuesday, April 15, 2014

Texas A&M Student Wins Statutory Violation Hearing in Nueces County

Yesterday, a college student attending Texas A&M University at Corpus Christi went to court regarding the towing of his vehicle from an apartment complex.  The college student did his homework and instead of filing for a tow hearing, he decided to file a statutory violation suit against the property manager and landowner only.

This college student, who asked not be named, represented himself, as the property manager had an attorney, unaware the college student read the entire code of civil procedures in preparation.

The sole issue rested on the layout of the sign, specifically the red background below the tow truck symbol.  This area of the sign stated: Towing Enforced at All Times.  The property manager testified she did not notify the tow company in writing she installed a legally worded tow sign.

The college student presented evidence based on the Texas Occupations Code 2308.255, 301 and 302.  After the Judge considered all the evidence and testimony, he ruled in favor of the college student and ordered the property manager to pay $1963.12 to the college student.

The owner of the tow company testified that TDLR said their tow signs were legal, but the Judge told him text in quotes cannot have words added or deleted.