Hey everyone! I had towed a vehicle for a repo. but in the process there was another vehicle in the way so I had towed that vehicle out of the way and retrieved the car I was suppose to get. The problem is the owner of the vehicle that I had moved in order to get the repo car had stated that I had damaged his car and towed his vehicle without his authorization. He has contacted his lawyer and now I don't know what I should do? Any suggestions? I am located in Pennsylvania State.
Thanks!
Ask them how much they want to settle the case?
I can't imagine any judge in the world is going to say that it's OK to commit a criminal act (auto theft) to fulfill a civil act (reposession).
I'd suggest getting a good lawyer. Settling will only cost you money, if they want to press charges you could be looking at jail time.
We all make bad decisions, you just have to do your best to make ammends.
Civilly, a party can only collect for actual damages, and while towing without authorization may be improper or illegal, I doubt they can prove actual damage from the act. The one exception to the "actual damage" rule above is punitive damages. Punitive damages are awarded simply to punish someone who commits a heinous act. I don't think that would apply here either.
In our state, auto theft would not apply because there was no intent to deprive. You just moved it, you didn't try to take it permanently.
The physical damage to vehicle is another story. In a civil suit, the burden of proof is "by a preponderance of the evidence", in other words, they must prove it's more likely than not that you damaged it. Probably an easy task since judges know little of towing.
I suggest you make a video of the hook-up process with a similar car to show where you make contact, and try to show that their damage does not line-up with anything on your truck. Our small claims process in WA does not allow subpoenas, but if your does, I would subpoena every positive witness you can find.
Add to that, I would come up with the best explanation as to why they would falsely accuse you of damaging their car. A judge always asks "why would this person bring a false claim", the reason better be reasonable and believable. Perhaps they are somehow connected with the repo'd car, and are upset; that would be believable.
Hope this helps. Let us know hoe it works out.
BTW: Like Jason said, a $100 consultation with an attorney might be money well spent. 
I'll certainly defer to Bill's knowledge on this one.
My guess is the same as Bill's, that the second car was being used to "shield" the one up for reposession. And as soon as that car was touched a can of worms was opened.
Is there proof of you moving it video someone other than debtor? Did you tell someone you moved it (potential witness) other than debtor? I would denie this ever happened.