Source One Financial Corp. v. McCarthy's Towing, Inc.

The plaintiff, Source One Financial Corporation (“Source One”), holds a security interest as first lienholder on the title to a 2003 Mercedes ML 350 that was towed and held by the defendant, McCarthy’s Towing, Inc. (“McCarthy’s”), pursuant to the “private tow” statute, G.L.c. 266, §120D. Source One filed this action in the Hingham District Court against McCarthy’s for conversion of the vehicle and violation of G.L.c. 266, §120D and G.L.c. 93A, §§2 and 11. McCarthy’s counterclaimed for the towing and storage charges for which it claims a lien on the vehicle. After a bench trial, the judge…