Private Property Towing Laws in Georgia: Fees, Penalties, and Remedies

Private property towing laws in Georgia are set by O.C.G.A. 44-1-13 and the Department of Public Safety’s nonconsensual towing regulations, and they give a property owner the right to remove an unauthorized vehicle only when specific conditions are met: proper signage, a permitted towing company, a signed contract, and an individual request for that specific tow. When any of those pieces is missing, the towing company loses the right to collect its fees and can face a civil penalty of up to $2,500.¹

When a Tow From Private Property Is Lawful

Two things have to be true before an unauthorized vehicle can be removed. The property must have conspicuously posted signs warning that unauthorized vehicles will be towed at the owner’s expense, and the towing company must hold a valid nonconsensual towing permit from the Department of Public Safety or the local governing authority. The company also has to maintain a secure impoundment facility.¹

The sign itself has to carry three specific pieces of information: where the towed vehicle can be recovered, how much the recovery will cost, and what forms of payment are accepted. For off-street parking areas and vacant lots in commercial zones in larger municipalities, access from the public road must also be blocked by a chain, cable, or rope at least 18 inches above grade after regular business hours, and the sign’s location must be approved by the local police department.¹

Beyond signage and permits, every tow has to be individually requested. The property owner or an authorized agent must call about that specific vehicle. Behind the scenes, there also has to be a signed contract between the property owner and the towing company naming the people authorized to request tows and identifying the impound facility.²

Residential Property With Four or Fewer Units

Owners of residential property with four or fewer units are exempt from the signage requirement. A homeowner whose driveway is being blocked, or a landlord with a duplex or triplex, can have an unauthorized vehicle towed without first posting signs.¹ The rest of the rules still apply: the towing company must be permitted, and the tow must be individually requested.

What a Towing Company Can Charge

The Department of Public Safety publishes a maximum rate tariff, and no nonconsensual towing company can exceed it. The tariff is all-inclusive. Extra charges for dollies, lifts, slim jims, or similar equipment are not allowed.²

No Storage Fee for 24 Hours

Georgia law bars towing companies from charging any storage fee for the first 24 hours after a vehicle is removed from private property. Storage fees also cannot accrue on days the impound lot is closed or the vehicle is otherwise unavailable for pickup, and once the owner pays and claims the vehicle, storage fees stop.¹²

If You Catch the Truck Before It Leaves

If you get back to your car before it has left the property but after it has been hooked up or loaded, the company can charge an operator’s fee (sometimes called a drop fee) but cannot charge storage or anything else. You have to produce the ignition key and agree to move the vehicle off the property immediately.²

Payment Methods

When you come to retrieve your vehicle, the company must accept cash, commonly recognized traveler’s checks, money orders, and certified or cashier’s checks. Credit and debit cards are optional. If the company does accept them, it cannot add a surcharge for their use.³

Practices That Make a Tow Illegal

Two predatory practices are flatly prohibited, each carrying a $1,000 fine on top of any other penalty.¹

The first is patrolling. A towing company cannot systematically monitor a private lot on its own looking for vehicles to tow. Every tow requires an individual request from the property owner or their authorized agent for that specific vehicle. A truck that shows up unbidden, spots a car, and tows it has broken the rule.

The second is kickbacks. A towing company cannot pay the property owner, directly or indirectly, any fee or incentive for the right to remove vehicles from the property. Both prohibitions apply whether or not the towing company holds a permit.

Penalties When the Rules Are Broken

The Department of Public Safety can impose a civil penalty of up to $2,500 per violation of O.C.G.A. 44-1-13. A company with a pattern of noncompliance can face significant cumulative exposure.¹

The bigger practical consequence for the vehicle owner is that a towing company that violates any provision of the statute forfeits the right to collect removal and storage fees for that tow. If the fees were already paid, that is the basis for getting the money back. Charging above the maximum rate tariff or adding unauthorized equipment fees can also trigger permit revocation.²

Property owners are not immune either. A tow performed without proper signage or without a valid contract with a permitted company can be unlawful, opening the property owner to civil liability from the vehicle owner.

If Your Car Was Wrongfully Towed

Start with documentation. Go back to where you were parked and photograph the location. Look for signs; if there are any, photograph what they say and where they sit. Keep every receipt from the towing company, and write down the times of the tow, your call, and pickup.

Get the Car Back First

Storage fees keep running after the first 24 hours, so paying to recover the vehicle and then challenging the charges is usually the cheaper path. Pay under protest if you can, and keep the receipts.

Sue for the Fees in Magistrate Court

If the property had no proper signage, the towing company had no permit, or no individual tow request was made, the tow was likely unlawful and the company had no right to collect. You can pursue reimbursement of towing and storage charges in Georgia’s magistrate court, the state’s small claims court. You don’t need an attorney there, though you can hire one.

File a Complaint With the Department of Public Safety

The Department regulates nonconsensual towing and can investigate complaints, enforce the maximum rate tariff, and impose civil penalties of up to $2,500.¹ Complaints are especially useful where the fee charged exceeds the tariff or where extra equipment charges appear on the invoice.

Consumer Protection and Civil Litigation

If the company misrepresented fees, added hidden charges, or refused to release your vehicle after payment, the Georgia Attorney General’s Consumer Protection Division can pursue enforcement under Georgia’s Fair Business Practices Act when it determines there is a substantial public interest.⁴ For larger losses, including damage to the vehicle while it was in the company’s possession, an attorney can evaluate a civil suit for compensatory damages beyond the fees.

If the Vehicle Stays in the Lot

Unclaimed vehicles do not sit indefinitely. Under Georgia’s Abandoned Motor Vehicle Act (O.C.G.A. 40-11-11 and following), a towing company can obtain a lien on an unclaimed vehicle after notifying the owner, lienholders, and any secured parties through a detailed statutory procedure, then move toward foreclosing the lien and taking title.⁵ Storage fees continue accruing daily after the first 24 hours, so waiting is expensive, and eventually the vehicle can be lost entirely.

Active-Duty Servicemembers

Active-duty military personnel have added protection under the federal Servicemembers Civil Relief Act. A towing or storage company cannot foreclose on or enforce a lien on a servicemember’s vehicle, including a storage lien, without a court order. The protection runs during the entire period of military service plus 90 days.⁶

If a court does hear a case to enforce the lien and military service materially affects the servicemember’s ability to resolve the debt, the court must either stay the proceedings or adjust the obligation. Knowingly violating this protection is a federal misdemeanor punishable by up to one year in prison, a fine, or both.⁶

1
Justia. Georgia Code 44-1-13 – Removal of Improperly Parked Cars or Trespassing Personal Property
2
Georgia Secretary of State. Subject 570-38-7 Nonconsensual Towing
3
Cornell Law Institute. Georgia Comp. R. and Regs. R. 570-38-7-.18 – Release of Towed Vehicle
4
Georgia Attorney General’s Consumer Protection Division. Statutes We Enforce
5
Georgia Department of Revenue. Abandoned Vehicles
6
Office of the Law Revision Counsel. 50 USC 3958 – Enforcement of Storage Liens