Have you had your vehicle towed and were living in it?
You are not alone, although as we are also in that same position, or have been, we understand, as best we can, how you feel.
Have you had your vehicle towed and were living in it?
You are not alone, although as we are also in that same position, or have been, we understand, as best we can, how you feel.
It is overwhelming.
To be homeless in the first place, and then have your car, truck, tent or whatever is protecting you from the weather and other elements summarily "taken" from you.
It can be devastating, even fatal.
I am being helped by others, so I am sharing that help with others by this page and site.
Here are some basic first steps:
1. Install the email tracking software (Mailtrack for Gmail)
2. Obtain owner email address (Tow company)
3. Obtain bond company name & policy number (Of the Tow company)
4. Craft the legal notice (from example form linked below)
5. Deliver, whether directly, or email method
STEPS Uniform Bonding Code
https://docs.google.com/document/d/1kl5fQaAdfYTPPS0AEh5Fyt7yf4QPZ7QSmhco-NS63lM/edit?usp=sharing
At the bottom of that document there is a standard request letter and you will need to tailor it for a public agency
Step one, place the owner on criminal notice for racket sharing under color of Law and reckless endangerment , with demand for return of your property without condition.....
Step 2.... If he persists, verbally place him under arrest and dial 911..... Or, if he gives you your truck back then you're good to go.. .. if you have to arrest him and call the police, have your witnesses ready and your evidence and give the police notice of their duty to collect the prisoner, your evidence, sworn statements, investigate your claims, and take the prisoner before a magistrate or that the police officer will be in violation of his duties to act.
Conspiracy to commit racketeering under color of law is the charge.
18 us code sections 242 and, 1961
You would still need to give the tow company owner or one of their agents legal notice that they are recklessly endangering you, and are unlawfully depriving fourth, fifth, 8th, and 14th Amendment rights under color of law in violation of 18 us code sections 241, 242, and 1961.
You still need to videotape you're giving them notice and asking them to restore you to your home and soul essential transportation without condition and that you do not consent to contract with them nor do you consent to coercion nor extortion nor ransoming of your basic essential needs and that if they collect any money from you that it will have been done under duress and without your consent and implies no agreement on your part.
Whatever happens after that, consider how they respond, leave, and file a criminal report. I am glad to help you anyway I can.
If you pay without giving complete notice, you have consented and have no recourse.
NOTICE TO TOW COMPANY
https://docs.google.com/document/d/18iVftTAG4J5bv_nM6L9cRUbOQcDYhERZeZx-G3z-Ev0/edit?usp=drivesdk
For future reference, never accept partial remedy. It implies consent. All or none. That is your home. Get a bill for storage costs for your things and log your hours. Did they tell you they wanted money to get your home back? If so, get it in writing.
If it were me, I would file criminal report against the tow company owner and "unknown agent for The Blue Wall of Silence", for Racketeering Under Color of Law, via Burglary/Larceny of Basic Essential Needs, Extortion, and Reckless Endangerment, of Nomadic Class Citizenry. Texas Penal Code - PENAL § 71.02 Racketeering, § 39.03 - official oppression, § 31.03 - theft, § 31.01-extortion, § 6.03 - reckless endangerment
Key points of the case:
1. The vehicle was not creating a hazardous condition where it was parked on public property.
2. No notice was given to remove the vehicle by any given time
3. The unknown blue wall of silence agent made no effort , determination, no report ,to determine and establish if the vehicle was being used as a sole primary dwelling.
4. The tow company directors were given notice that the vehicle was the sole primary dwelling and basic essential transportation, and was containing all basic essential needs and household goods of a nomadic class citizen using the vehicle as their sole primary dwelling.
5. The tow company directors used Reckless disregard for the deprivation of basic essential needs of the person occupying the vehicle as a sole primary dwelling.
6. Deprivation of basic essential needs without due process of law is a violation of the Fourth Amendment of the United States Constitution and the due process clauses.
7. Failure to make provision for nomadic class citizens living in their vehicles along public thoroughfares is a deprivation of First Amendment rights.
8. Deprivation of basic essential needs and reckless endangerment for traffic infractions is a violation of the eighth Amendment of the United States Constitution
9. Where the blue wall of Silence agent and the tow company directors acted in concert to steal a vehicle without due process under color of law and then attempted to extort and amount of money from the person dependent on the vehicle for their basic essential needs is racketeering under color of law.
10. Where the victim of the crime gave to notice to the tow company directors to release the vehicle immediately , without condition,and that the vehicle was, and contained, basic essential needs ,the deprivation of which recklessly in dangers the person, and that the tow company owners were participating in racketeering under color of law, and where the directors of the tow company were given opportunity to retract in due notice, and were willfully blind to the peril they placed the victim in and that they were in violation of the Texas official oppression and racketeering statutes, but persisted in their attempt at extortion ,under color of law, and failed to respond in a timely fashion, the tow company directors acquiesced, and admitted, tacitly, their knowledge and willfulness.
11. Racketeering under color of law is a felony.
12. Under Texas CCP Title 1 chapter 2, article 2.13(a)&(b), every Texas peace officer has the duty to:
A. Arrest the crime
B. Execute an arrest without warrant of the suspects for which irrefutable evidence and admission of crime exists
C. Provide Crime victims rights
D. Seize contraband
E. Restore contraband to the rightful owner
F. Notify the district attorney
G. Adequately investigate the claims made by the victim, witness, or informant of crime
H. Take the suspect(s) before a magistrate
I. Place all evidence and testimony into record
J. Not make argument for any party
K. Not practice law unlicensed
L. Not participate in crime
M. Not hinder, delay, obstruct, or otherwise complicate the enforcement of the laws of Texas and the United States.
13. A felony is not a civil matter, nor a misdemeanor.
14. Failure to notify the district attorney would be a neglect of duty
15. The agent who requested the removal and seizure of the vehicle and the tow company directors, knew, or should have known, that vehicles are often used as sole primary dwellings of the people and that classification is determined by use to which the vehicle is put and not by its registration, and neither parties used due care, nor gave due process, and willfully, and knowingly committed the crime under color of law, and persisted after having been given notice.
You can pretty much just copy/paste that and put it in your criminal report and tailor it to your case.
Shouldn't take much at all.
Dial 911 and file the report.
Follow up with the prosecutor.
Make sure you get a report number.
If any cop says "get a lawyer", or "it's a civil matter", tell them they are practicing law unlicensed and assuming jurisdiction where they have none, and they should get their supervisor for failure to take your report into record. In Texas, Failure to Perform Administrative Duty is a crime of obstruction.
If you gave notice and the clock expired, time to dial 911 and report Conspiracy to Commit Racketeering Under Color of Law. I have you everything you need.
If you smoke weed, quit for a few days so your head will clear. It helps.
Under 18 us code sections 1512 and 1513 you are a protected party as a victim, witness, or informant of crime.
Nobody can lawfully touch nor intimidate nor ignore you for reporting a crime.
If any law enforcement officer tries to tell you that it is a civil matter and that you need an attorney, you tell them not to go anywhere to get their supervisor.
When the supervisor gets there, you tell the supervisor to take that offices gun imagine for practicing while on license and failure to perform his administrative duties, or, he can force the officer and take your report and evidence into record and get your sworn statement and give you a crime report number.
If that supervisor says he's not going to do it, did you tell him not to go anywhere and you dial 911 and you request a sheriff's deputy or the high sheriff themselves. This is where the 14th Amendment audit begins.
Are you legally disabled?
Guess what? That steps up their liability.
What they did to you is also a violation of the Americans with Disabilities Act.
Multiply your remedy by at least three times more. And , that is an additional separate felony against them.
The first thing you need to do is file a criminal report.
Nobody else but you can do that.
Conspiracy to commit racketeering under color of law against "unknown agents for the private organization known as the blue wall of Silence, unknown agents for the private organizations known as the Democratic and Republican parties of Texas, and the owner of the tow company".
It takes one phone call and about 15 minutes meeting with an officer
Just stick to the facts.
"On this day, I was living in my vehicle, and it was lawfully parked, and an unknown blue wall agent called a tow company to seize my vehicle and deprived me of all of my basic essential needs and the tow company then attempted to extort money from me to be restored to my home and basic essential needs and ultimately converted it into their own property under color of law.
I have suffered significant property damage and personal injury as a result.
Under 18 us code sections 241, 242, and 1961, these are violations of the Ku Klux Klan and Rico acts.
I am a disabled senior citizen.
This is also a violation of the Americans with Disabilities Act.
I placed the tow company owners on notice that I was a victim of a colorable crime and they ignored my notice, depriving my Crime Victims rights in violation of 18 us code section 3771.
Official oppression is a crime in the state of Texas. "
You can change the wording to be more specific to your case and it does need to be in your words because this is your sworn statement. It all starts with the criminal report.
The next phase is the due process audit...
I forgot to include "basic essential needs are necessary to the support of my life and to deprive me of them without due process of law is a violation of the Fourth , fifth, and 8th Amendment. It places my person in peril and is a violation of model penal code 211.2, reckless endangerment."
"please take notice that I am also requesting the Fidelity Bond information for the officer who requested my sole primary dwelling BC's and the Fidelity Bond information for the tow company."
Cary
Not BCs...."be seized"
"in the case of Times v. The city of Seattle, the Supreme Court held that this is a crime against my class citizenry. I am entitled to restitution and you have a duty to act to enforce the law and protect my rights."
Now, once you make your criminal report and you get evidence that you made the report and the name of the officer who you made the report to, and you give it a few days and follow up and find out who the investigator is and who the prosecutor is, then we make sure that they are actually investigating and that the investigator has made a proper report to the prosecutor and that the prosecutor is requesting indictments from the grand jury. If he doesn't, then the real game begins and that is when I can step into the picture with other members of the class who have had these things done to them and we go directly to the grand jury and then to the federal courts. We will motion the courts for a default judgment and we are entitled to it because this has already been decided law. Then we take them to the cleaners.
In the meantime, if you know other people that have had this done to them, let's connect them with us.
Seditious conspiracy to commit racketeering under color of law
They use the same tactics every time
Against individuals that don't have means to fight them
Downtrodden to the point that can't fight back
If you can dial 911 and hand them a criminal information, you have more power than you realize
Be sure to video tape you making the report and, ideally, have two witnesses present
A 5-minute phone call. A 15 minute interaction to make the report. Police are available 24/7
"It's easier for me to make more money to pay a lawyer to help than to go to it".
Actually, that is not the case at all.
Go try getting an attorney for the bar association to take your case.
In fact, go ahead and write up your criminal information with a notice of 18 us code section 4, Misprision of felony.
It mandates that anyone having knowledge that a felony has occurred must make a report to law enforcement or the judiciary or they can be held accountable as accessories after the fact.
I predict not one of those attorneys will abide that law.
Then, we can stick them to it also, and go after the bar association for obstruction of justice.
This is class warfare against poor and nomadic people.
I predict that not one of those attorneys that you find will take your case on contingency.
They will want money up front, you will tell them that you are an indigent person with no money, and they will send you packing, and they will fail to report the crime to police as required by law.
You can spend time trying to find an attorney, but, the fact is that this is a crime that law enforcement and the judiciary have a duty to give due process to.
It is a criminal matter. It is not a civil matter. You had no contracts with anyone.
Just make a simple Criminal report.
That is all you have to do right now.
Victims witnesses and informants of crime are protected parties.
They cannot touch you.
Just stay calm and polite and keep your hands clean
If the officer tells you it's a civil matter, politely tell him that he does not have jurisdiction to decide and that you have given him notice of a violation of Texas and federal criminal codes.
If he persists, request his supervisor on scene.
Tell the supervisor that the officer is practicing law unlicensed, refusing to perform his codified duties, and is giving you fraudulent legal advice.
Ask the supervisor to either force the officer to take a report and give you a report number or remove him from office.
"I cannot find where my vehicle was reported as Abandoned."
It was probably authorized by an officer on the scene but not properly reported. That is a crime in its own right.
In Austin, Texas and Travis County search her:
APD Incident Reports Database | AustinTexas.gov
https://www.austintexas.gov/police/reports/search2.cfm?startdate=01%2F21%2F2022&numdays=6&address=&rucrext=3431%3A0&tract_num=&zipcode=&zone=&district=&city=AUSTIN&choice=criteria&Submit=Submit
Other larger municipalities will have similar resources available.
Keep your hope, although it is hard.
Contact me by Messenger on Facebook at:
https://www.facebook.com/barrywillieblack
WE are establishing a Class Action and we need everyone possible to join the class in all fifty states and the U.S. possessions.
I need donations to survive the extra expenses.
We have established a separate GoFundMe to help with extra expenses to survive this.