A small claims action costs about $135 to file and $35 for service, depending 
on jurisdiction.  So an hour of effort and $200 gets them sued.  And as long as 
you are not hitting the max ($11,000) you get your costs back too assuming you 
win.  Even if you don’t $200 is a ticket to a fun show.  

From: Jan-GAMs 
Sent: Monday, November 15, 2021 1:30 PM
To: af@af.afmug.com 
Subject: Re: [AFMUG] OT question for the borg

I've had to repair many cars, drive-line bolts are usually special made to fit 
only one thing and they are hardened usually to grade 8.  You can't get 
replacements anywhere, usually.  Since the tow company is being cavalier about 
it, they need a wake-up asshole lawsuit.


On 11/15/21 11:54, Cameron Crum wrote:

  Bill the renter and send an invoice to the towing company. If the towing 
company pays, refund the renter...or not, depending on how you view it 
ethically. I would say your time and energy spent in reacquiring the vehicle 
and repairs more than makes up for the potential of getting double your money 
back.  



  On Mon, Nov 15, 2021 at 1:33 PM Mathew Howard <mhoward...@gmail.com> wrote:

    I'd think you could bill whichever one you wanted to in that situation. 
Just because you can hold the renter liable doesn't necessarily mean you want 
to. The towing company should be the ones that ultimately pay for it either way.


    On Mon, Nov 15, 2021 at 1:08 PM Nate Burke <n...@blastcomm.com> wrote:

      I don't do a lot of rentals, but if your Enterprise rent-a-car gets 
towed, enterprise will just bill you for everything, they're not going to 
bother going after whoever actually did it?  The damage happened while it was 
in the possession of the renter, seems the renter would be the only liability 
to you.  It's their fault that it got towed and needs repair,  whether or not 
the towing company caused the damage. 



      On 11/15/2021 12:49 PM, Chuck McCown via AF wrote:

        I get your point, but the renter did not cause the “damage” the tow 
company did.  
        When in the custody of the tow company, they are on the hook for all 
damage.  

        From: Nate Burke 
        Sent: Monday, November 15, 2021 11:03 AM
        To: AnimalFarm Microwave Users Group 
        Subject: Re: [AFMUG] OT question for the borg

        Also, why would you be billing the towing company, and not the renter?  
Cost incurred during rental should be the renters responsibility.  If they want 
to re-bill the towing company that shouldn't involve you.  Same as if they 
drove it into a pylon and you had to replace the bumper.  


        On 11/15/2021 11:51 AM, Chuck McCown via AF wrote:

          I will just bill them for the repair.  And if they don’t pay in a 
month to two file a small claims action.  Very easy.  

          From: Jaime Solorza 
          Sent: Monday, November 15, 2021 9:46 AM
          To: AnimalFarm Microwave Users Group 
          Subject: Re: [AFMUG] OT question for the borg

          Get a good lawyer

          On Mon, Nov 15, 2021, 9:29 AM Chuck McCown via AF <af@af.afmug.com> 
wrote:

            I rent out equipment.
            A contractor that rents a truck from me let his employee take it 
home.
            He parked it at an apartment house either in someone elses spot or 
did not register it with the apartment company.
            It got towed.
            I had to send paperwork to the towing company releasing it to the 
contractor.
            This morning, we learned they took off the driveline and will not 
put it back on.

            I don’t think that is legal.  They disabled it.  They got paid for 
the tow.  They should restore it.
            Unless someone can show me where they have the legal ability to do 
that, I will probably bill them for the repair and then sue when they don’t pay.

            Opinions?
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