If a private property tow in Texas skipped a required step, you can dispute it and recover money. A tow is likely illegal if the lot lacked compliant signs at each driveway or curb-cut entrance, signs were not posted for the preceding 24 hours, or nobody verified the tow in writing. Your main tools are a justice court tow hearing and a TDLR complaint, and the hearing clock is short.
Quick Tow EP is a referral service. We connect drivers with independent local tow operators. The driver hires and pays the operator directly, and the operator quotes the price. Quick Tow EP does no towing, roadside work or storage itself.
Was your car towed legally from that lot?
Texas law lays out narrow reasons a parking facility owner can have your car towed without your consent. Under Occupations Code Chapter 2308, a lot can tow if compliant signs were posted at the time of the tow and for the preceding 24 hours, or you got actual notice, or a windshield notice was posted and a certified-mail notice sent. The car can also go if it sat unmoved past the 15th day after the postmark, or if it was blocking an aisle, entry or exit, a fire lane, a disabled space without a placard, leaking hazardous fluid, or sitting in or blocking a paved driveway. In those blocking cases, the owner must tell you which tow company and vehicle storage facility will be used if you ask.
A lot cannot remove your car except as the chapter allows, a complying city ordinance allows, or a peace officer or the vehicle’s owner directs. A towing company can only make the tow with written verification from the lot that signs are posted or notice was given, only if insured for property damage, and only if the lot requested that specific tow or has a standing written agreement to enforce parking.
Check the signs first
For a sign-based tow, a sign must face and be clearly visible to drivers entering. It goes on the right or left of each driveway or curb-cut entrance, including from an alley. Wide undefined entrances over 35 feet need signs placed so no entrance point is more than 25 feet from one. Signs must be permanently mounted on a pole, post, wall or barrier on the facility, with the bottom edge between five and eight feet above the ground.
Each sign must be weather-resistant, at least 18 inches wide and 24 inches tall, show the international towing symbol, say who may park and that all others are prohibited, and carry words such as “Unauthorized Vehicles Will Be Towed at Owner’s or Operator’s Expense.” It must state the days and hours of enforcement and give a phone number with an area code, answered 24 hours a day, to locate a towed car. Section 2308.302 adds color rules: a bright red tow-truck symbol at least four inches tall on white, then white letters at least two inches tall on bright red reading “Towing Enforced,” then the other required text in bright red letters at least one inch tall on white.
An otherwise unrestricted lot can restrict individual spaces with a compliant sign at the entrance to that group of spaces or at the end of each space, with the top no higher than seven feet. Fire lanes not covered by another rule need red-painted curbs marked “FIRE LANE—TOW AWAY ZONE” in white letters at least three inches tall at intervals of no more than 50 feet. Our post on Texas tow-away sign rules walks through the details.
Check the tower and the notice
Anyone can check a tow company or operator license using the TDLR License Search by name, license number, city, county or ZIP. Do that before you argue.
Within two hours of accepting your car, the storage facility must report the tow to the police department of the city it was towed from, or the county sheriff outside a city with a police department. The report includes the description, plate, VIN, tow location and the facility’s name and location.
What to do the same day
- Photograph every entrance, every sign, and the spot where your car was parked. Turn on timestamps.
- Record the tow company name, truck number and any license info you can see, plus the lot address.
- Ask the lot who authorized the tow and get the name of the property owner or manager in writing if you can.
- Bring valid photo ID and one form of proof of ownership or authorized use, then pay the towing and storage fees and keep every receipt, including card slips and any cash receipt.
- Call the police non-emergency line at (915) 212-4000 and ask whether the facility reported the tow within two hours, as the law requires, and write down who you spoke with and when.
- Locate the vehicle through the proper impound lookup. TDLR says if your car was towed from a parking lot, call the number on the no-parking sign. Our towed car lookup guide and El Paso impound guide cover the local steps.
- File a TDLR complaint online, and request a justice court hearing within the deadline.
Documents to keep
- Photos of signs, entrances and your parking spot, with timestamps
- The tow company name, truck number and license number
- The storage facility name, address and phone
- Every receipt for the tow and storage
- Any windshield notice or certified-mail notice
- Your written record of the police notification question, with names and times
- A copy of your hearing request and the court’s file stamp
If you can’t afford the fees
The hearing and any claim under Section 2308.404 both work better with receipts, but you aren’t stuck. At the storage facility you may access the car to get ownership documents and recover personal property without paying a fee. To get the car released you must show photo ID, prove you are the owner or authorized user, and pay the towing and storage fees. Complaints about a tow company, tow operator, storage facility or booting company can be filed online with TDLR, and filing a TDLR complaint is not a substitute for requesting a tow hearing but you may do both.
If the signs looked fine but the rules didn’t match
Compliant signs don’t cure every problem. Check written verification, insurance, the police notification requirement, the fee cap and whether the car was on a public street. Photograph the signs anyway, then focus your hearing request on the specific step that broke.
The justice court hearing, step by step
After a tow or boot without consent, the owner or operator is entitled to a hearing on whether there was probable cause. Here is the El Paso County path.
- File in the right court. File in any justice court in the county the car was towed from. For a boot, it’s the county where the parking facility is.
- Beat the deadline. The written request must reach the court before the 14th day after the car was placed in storage or booted, not counting Saturdays, Sundays and legal holidays. If the required notice was never given, the deadline does not apply. Separately, the 14 days do not start until the tow company or VSF gives you the information needed to fill out the request. Missing the deadline waives the hearing.
- Include everything required. Your name, address and phone; where and when the car was removed or booted; who authorized it; the storage facility’s and tow company’s names, addresses and phones; copies of receipts or notices; and photos of any parking sign or a statement that no sign was posted.
- Pay the filing fee. TDLR notes the court may charge a $20 filing fee, and the hearing must be held before the 21st calendar day after the court receives the request.
- Show up and make your case. The burden of proof is on the person who asked for the hearing. The issues are probable cause and whether the charge exceeded the allowed amount.
If the court finds no probable cause, the tow company, storage facility, parking facility owner or agency that authorized the tow must pay or reimburse the towing and storage costs. Even with probable cause, an overcharge must be refunded. The court may also award court costs and attorney’s fees to the prevailing party.
What you can recover
Under Section 2308.404, a towing company, booting company or parking facility owner who violates the chapter is liable for damages from the removal, storage or booting plus the fees charged, and you need not prove negligence. If the violation was intentional, knowing or reckless, liability is $1,000 plus three times the fees under Section 2308.404.
Separately, violating Chapter 2308 is a misdemeanor with a fine of $500 to $1,500, or a Class B misdemeanor if done knowingly or intentionally, under Section 2308.405.
The El Paso fee cap
In El Paso city limits, City Code Section 12.54.020 caps a nonconsent tow at $100.00 for a light duty tow (gross vehicle weight rating not more than 10,000 lbs), $350.00 for a medium duty tow (more than 10,000 but less than 25,000 lbs), and $450.00 for a heavy duty tow (more than 25,000 lbs), per the El Paso Police Department towing page. Dollies or go-jacks add no more than $25 under Section 12.54.020(B). For a vehicle over 10,000 lbs, if the tow takes longer than two hours from arrival to completion, up to $55 per hour for each hour over two hours applies under Section 12.54.020(C), plus actual cost if cargo must be moved by hand.
Section 12.54.020(D) matters if you catch the tow early. If you are at the scene and don’t want the car towed, there is no charge and you get it back if it hasn’t been hooked up. If it’s hooked up but not yet towed from the scene, it must be released on payment of one-half the regular tow fee. Violating the fee caps, debris rule or solicitation rule is an offense punishable by a fine not to exceed $500 under Section 12.54.040, as amended by Ordinance 019867 in April 2026.
Outside city limits, the TDLR statewide maximum applies unless a local rule sets lower ones. That covers Socorro, Horizon City, Anthony, Clint, San Elizario, Vinton, Fabens, Canutillo and Tornillo. TDLR’s maximum is $272 for a vehicle up to 10,000 lbs, $380 for more than 10,000 but less than 25,000 lbs, and $489 per unit for vehicles over 25,000 lbs with a $978 total maximum, per TDLR’s consumer page. Under Section 2308.2065 a tower cannot charge more than the authorized fee, and the justice court can order the excess refunded. New Mexico places like Sunland Park, Santa Teresa and Chaparral are outside this framework: Texas rules do not apply there, so contact the agency that handled it, and NMMVD for NM titles.
Complaints and deadlines
File a TDLR complaint online through the TDLR complaints page. Filing a TDLR complaint is not a substitute for requesting a tow hearing, but you may do both. TDLR towing customer service is (800) 803-9202 in state only and (512) 463-6599.
The hearing deadline is the hard one: 14 days, not counting weekends and legal holidays. The hearing must be held before the 21st calendar day after the court receives the request, and the court may order an overcharge refunded.
Frequently asked questions
How do I know if my tow was illegal?
Start with the signs. If any driveway or curb-cut entrance lacked a compliant sign, or signs weren’t up for the preceding 24 hours, the tow likely fails. Then check written verification, insurance and the fee cap. Any one broken step can support a dispute.
How long do I have to dispute the tow?
The written hearing request must reach the court before the 14th day after the car was placed in storage, not counting Saturdays, Sundays and legal holidays. If the required notice was never given, the deadline does not apply. Separately, the 14 days do not start until the tow company or VSF gives you the information needed to fill out the request. Missing it waives the hearing.
Can I get my money back for a wrongful tow?
Yes, through two routes. If the court finds no probable cause, the tow company, storage facility or lot must pay or reimburse towing and storage costs, and overcharges are refunded even with probable cause. Under Section 2308.404, a towing company, booting company or parking facility owner who violates the chapter is liable for damages from the removal, storage or booting plus the fees charged, and $1,000 plus three times the fees if the violation was intentional, knowing or reckless.
Who do I call to complain about a predatory tow?
File with TDLR, which licenses tow companies, operators and storage facilities. You can also request a justice court hearing, and both can run at the same time. For a fee cap violation inside city limits, the hearing is where the refund gets ordered.
How do I find out where my car was taken?
Call the number on the no-parking sign, which the law requires to be answered 24 hours a day. If you were booted, call the number on the window sticker and don’t try to remove the boot or drive with it. Our towed car lookup guide has more.
What should I do first after my car is towed?
Photograph the signs and entrances with timestamps, then get the tow company and storage facility names. Pay and keep every receipt, and ask police whether the facility reported the tow within two hours, as the law requires. Then file your hearing request well inside 14 days.
When to call for a tow
Under City Code Section 12.54.020(D), if the car has not been hooked up there is no charge and you get it back, and if it is hooked up but not yet towed from the scene it must be released on payment of one-half the regular tow fee. If the car cannot be driven safely, call a tow operator you choose and confirm the price before the truck is dispatched. Call (915) 320-5573 and Quick Tow EP will connect you with an independent local tow operator.