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The Texas tow hearing: how it works
Texas gives people whose vehicles were towed or booted without their consent a right to a hearing in justice court. Here is how the process works under state law.
General information, not legal advice. The papers you got from the police, the tow company, the storage lot or a state agency control your dates. Agencies change phone numbers and steps, so check the agency's own page too.
What the hearing is about
The hearing decides whether there was probable cause for the tow or boot, and whether the charges were more than the city or state allowed. It covers nonconsent tows, including tows from private lots and tows ordered by police.
Sources: Texas Occupations Code ch. 2308 (Texas Towing and Booting Act)
The deadline
The written request is due before the 14th day after the tow or boot, not counting Saturdays, Sundays and legal holidays.
The 14 days do not start until the tow company or storage lot gives you the information you need to fill out the request. If you were never given the written notice of your hearing rights, there is no deadline.
Sources: Texas Occupations Code ch. 2308 (Texas Towing and Booting Act)
What the request includes
- Who owns the car and who asked for the hearing; the date and place it was towed or booted.
- The name, address and phone of the storage lot and of the tow or boot company.
- Copies of any receipt or notice you got.
- For a parking-lot tow: photos of the signs, or a statement that there were none.
Sources: Texas Occupations Code ch. 2308 (Texas Towing and Booting Act)
After you file
The court sets the hearing within 21 days and notifies the tow company, the storage lot and whoever authorized the tow. If the court finds no probable cause, the tow side pays back the towing and storage charges; if it finds the charges were too high, it can order the difference returned. Either side can appeal, and the appeal needs no bond.
Sources: Texas Occupations Code ch. 2308 (Texas Towing and Booting Act)
Fees and local details
Each county's justice courts set their own filing fee and forms. The fee is $54 in Travis County and Harris County; you can ask the court about a fee waiver if you cannot pay. See your city's library page for the local courts.
Sources: Harris County Justice Courts: tow hearings; Travis County JP1: civil suits
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