If you believe you’re the victim of predatory towing in Texas, Chapter 2308 of the Texas Occupations Code gives you 14 business days to file a tow hearing in the justice court for the county where your car was taken, and winning that hearing can get your fees refunded plus a $1,000 civil penalty, court costs, and attorney’s fees from the towing company or parking lot owner.1State of Texas. Texas Occupations Code 2308 – Vehicle Towing and Booting The law is detailed and the deadlines are short, so the first few hours after a tow matter.
How to Tell the Tow Broke the Law
Most illegal tows fail one of four tests: signage, fees, payment methods, or on-site release.
Signs are the most common defect. Before any vehicle can be lawfully towed from private property, a sign must be posted at every entrance. Each sign must be at least 18 inches wide and 24 inches tall, with the bottom edge mounted no lower than five feet and no higher than eight feet above the ground. The sign must show the international towing symbol, state who is allowed to park there, warn that unauthorized vehicles will be towed at the owner’s expense, list the days and hours towing is enforced, and give a phone number answered 24 hours a day so you can locate your vehicle.2Texas Statutes. Texas Occupations Code 2308.301 – General Requirements for Sign Prohibiting Unauthorized Vehicles Color and layout are also prescribed: the words “Towing Enforced” appear in white letters at least two inches tall on a bright red background, with the rest of the information in bright red on white.3State of Texas. Texas Occupations Code 2308.302 – Color, Layout, and Lettering Height Requirements A sign that is missing from an entrance, mounted at the wrong height, blocked by landscaping, or wrong on colors is enough to invalidate the tow.
Fees are capped. For a light-duty vehicle (10,000 pounds or less, which covers almost all passenger cars and small trucks), the statewide maximum tow fee is $272. Medium-duty tows run up to $380 and heavy-duty up to $489 per unit.4Legal Information Institute. 16 Texas Administrative Code 86.455 – Private Property Tow Fees A city may set a lower cap, but no municipality can go above the state ceiling. Daily storage is capped at $22.85 for vehicles 25 feet or shorter and $39.99 for longer vehicles.5Texas Department of Licensing and Regulation. VSF Fees and Other Charges Any dollar charged above those numbers is recoverable.
Cash-only demands are illegal. Every vehicle storage facility must accept cash, debit cards, and credit cards for any charge related to delivery or storage, and must post a sign saying so.6State of Texas. Texas Occupations Code 2303.159 – Forms of Payment of Charges A facility that refuses your card because the machine is “down” (outside a real power failure) is violating licensing rules.
Stopping a Tow Before It Leaves
If you reach your car before the tow truck has left the property, you can get it back. If the vehicle is not yet fully hooked up, the operator must release it at no charge and cannot ask you to prove ownership. If the vehicle is fully hooked but still on the lot, you can pay a drop fee on the spot: $135 for light-duty, $190 for medium-duty, and $244 for heavy-duty vehicles.4Legal Information Institute. 16 Texas Administrative Code 86.455 – Private Property Tow Fees The operator is required by law to tell you the drop fee option exists. Continuing the removal after you offer to pay violates Chapter 2308.
Once the truck pulls onto a public road, that window closes and you’ll have to retrieve the car from the storage lot and pay the full fee plus any storage accrued.
Requesting a Tow Hearing
You have 14 days to file a written request for a tow hearing, and Saturdays, Sundays, and legal holidays don’t count toward those 14 days, which gives you roughly three calendar weeks in practice. Miss the deadline and you lose the right to a hearing.1State of Texas. Texas Occupations Code 2308 – Vehicle Towing and Booting
File in the Justice of the Peace court for the county where your vehicle was towed. The filing fee varies by county but runs around $54.7Tarrant County. JP Filing Fee Schedule Once you file, the court must schedule a hearing within 21 days and send notice to the towing company and the property owner.1State of Texas. Texas Occupations Code 2308 – Vehicle Towing and Booting
Evidence That Wins the Hearing
The hearing form itself requires photographs of the parking facility. If signs were posted, photograph every one at every entrance, showing text, colors, and mounting height. If no signs were posted, submit a written statement saying so.8Tarrant County. Request for Hearing of Towed or Booted Vehicle If your car has already been towed, go back to the lot and take the pictures before the owner has a chance to fix a defect.
Bring the towing receipt, which the company is required to give you with its name, the location of the tow, the date and time, and an itemized list of fees charged.1State of Texas. Texas Occupations Code 2308 – Vehicle Towing and Booting Bring receipts for every payment you made so any amount over the state cap is on the record. Bring the towing company’s and property owner’s contact information so the court can serve both. Organize everything before the hearing. Justice court dockets move fast and a clean presentation lands better than a stack of loose paper.
What You Can Recover
A towing company or parking facility owner that violates Chapter 2308 owes you your actual damages from the tow and storage, a $1,000 civil penalty, your court costs, and reasonable attorney’s fees.1State of Texas. Texas Occupations Code 2308 – Vehicle Towing and Booting If the violation was knowing and intentional, or committed with actual malice, the court can award treble damages, meaning three times the towing and storage fees. On a $300 tow, treble damages add $900 to the $1,000 penalty, putting your recovery at $1,900 before costs and fees.
In the justice court hearing itself, you can be reimbursed for the fees you paid, the cost of the photographs you submitted, and any amount charged above the regulated caps. Violating Chapter 2308 is also a misdemeanor punishable by a fine between $500 and $1,500, so a company that treats illegal tows as the cost of doing business can face criminal action on top of your civil recovery.9Harris County Justice of the Peace Courts. Texas Occupations Code Chapter 2308
Filing a Complaint With TDLR
The Texas Department of Licensing and Regulation licenses towing companies and storage facilities statewide. You can file a complaint through its online form by selecting the “Tow Trucks” program and attaching photos, receipts, and any correspondence. Complaints must be filed within two years of the incident, and TDLR may decline to investigate if the submission lacks enough detail to establish a violation.10Texas Department of Licensing and Regulation. File a Complaint
A TDLR complaint can lead to administrative penalties against the company’s license, but it does not refund your money. For that you still need the tow hearing or a separate civil suit. The two tracks run in parallel and reinforce each other.
If You Leave the Car at the Lot
Walking away from a towed vehicle only makes the bill grow. Storage charges accrue every day the car sits there, and the facility can eventually sell the vehicle at public auction. The storage facility must send written notice to you and any lienholder; if the vehicle remains unclaimed 30 days after that notice is mailed, the facility can proceed with a public sale.11State of Texas. Texas Occupations Code 2303.157 – Disposal of Certain Abandoned Vehicles
Sale proceeds first cover the towing and storage charges. Anything left goes to the person entitled to it, though storage fees often eat the entire value of the car. If the sale falls short, the facility can send the balance to collections and the unpaid debt can hit your credit report. Even when the car isn’t worth retrieving, filing the tow hearing inside the 14-day window shields you from paying illegitimate charges on top of legitimate ones.