How to Challenge an Illegal Tow in Texas

Tow trucks often operate as private companies. If your vehicle was parked on private property or you forgot to register your car at an apartment complex, it's likely your car will get towed. (Photo by DAVID GRAY / AFP) (Photo by DAVID GRAY/AFP via Getty Images)

If your car goes missing while visiting friends or parked at an establishment, your first thought might be that it was stolen. However, it's more likely that your car was towed—one of the most aggravating experiences a car owner can have. But can you get your car back, and was it towed legally? Here's what to know.

What if I believe my car was towed illegally?

Tow trucks often operate as private companies. If your vehicle was parked on private property or you forgot to register your car at an apartment complex, it's likely your car will get towed. However, if your car was towed without your permission and you think your rights were violated, you can fight it.

According to the Texas Department of Licensing and Regulation, here are your rights and options if your car is in the act of being towed or already sent to a tow zone:

• If you return to your car and it is being hooked up to a tow truck but not fully ready for towing, you can keep your car without paying a charge. You do not need to prove ownership in this instance.
• If your car is fully hooked up but hasn't left the parking lot, you may keep it but must pay a drop fee. The maximum drop fee statewide is $135 for cars weighing 10,000 lbs or less; $190 for cars weighing more than 10,000 but less than 25,000 lbs; and $244 for cars exceeding 25,000 lbs.
• You may request a tow hearing at any Justice of the Peace Court in the county where your car was towed if you believe it was wrongfully towed, stored, or booted, or if you were overcharged. You must request the hearing within 14 days of the tow.

How much can I be charged for a tow?

According to Texas Law Help.org, your city regulates towing fees. Under Texas law, towing companies are allowed to charge:

• Light-duty tows: $255
• Medium-duty tows: $357
• Heavy-duty tows: $459 per unit, or a maximum of $918.

How do I know if I parked in a designated area?

Signs must be securely mounted on a pole or wall at each parking space or positioned around the lot where they are clearly visible. Each sign must display the international towing symbol and state: “Unauthorized Vehicle Will Be Towed at Owner’s or Operator’s Expense.” The signs must also include the name and telephone number of the storage facility where towed vehicles will be taken.

How do people know who towed their car?

If your car has been towed from a parking lot, you can find it by calling the phone number on the no-parking sign. You can recover your car from the vehicle storage facility (VSF) after proving ownership (or authorized use) and paying the towing and storage fees.

What is the difference between towing and impounding?

If you're parked on private property, laws allow a car to be towed if certain legal requirements are met. Vehicles—including cars, trucks, boats, trailers, campers, and motor homes—may be towed from public or private areas like parking lots, garages, apartment complexes, or neighborhoods governed by homeowners’ associations.

Impounding is when a vehicle is legally seized and held—usually by law enforcement or a government agency—until certain legal or financial conditions are met. This includes:

• Unpaid tickets or registration violations.
• Arrest of the driver.
• Vehicle involved in a crime or investigation.
• Parking violations that go beyond simple towing.