You might be surprised to learn that if you get towed in Houston and bring it to court, data suggest more times than not, you can win your case. According to Harris County Court records reviewed by Chron, a “no probable cause” judgement was entered for nearly 54% of drivers who challenged their tow within the last year.
Popular claims brought to court include evidence of missing or non-compliant tow signs or being towed despite a valid parking pass.
Fees associated with the tow are also commonly challenged. These fees can stack up fast, and in some cases, exceed the legal maximum.
All drivers who were towed without their consent are entitled to a hearing from a Harris County Justice court, but many of them rarely do. You may say, “but it’s only over a couple hundred bucks.” Fair.
While the hassle may not seem worth it for drivers, the process “is designed to be swift and simple, typically taking less than 20 minutes,” according to Brian Waters, a Texas attorney who specializes in tow hearings.
On top of potentially feeling vindicated, you also stand to get your money back within thirty days of the hearing.
Ready to challenge your tow? Here is how to prepare.
“Receipts! Proof! Timeline!”
Evidence wins hearings. If able, document the scene when you discover the tow:
Photograph the parking space, nearby signs and the area around it.
Keep any itemized tow and storage receipts, parking permits or payment confirmations
If towed from a personal apartment, a grab copy of the lease with the parking addendum
Keep texts or emails with the property owner or towing company
Obtain contact information for anyone who may have witnessed the tow
Ask for security footage from nearby businesses or residences
Towing enforcement signs outside of East Houston. (Macy Meinhardt)
How to request a tow hearing in Harris County
1. Watch the deadline.
In Harris County a written request must be delivered before the 14th day after the tow took place.
2. File with the right court.
Your tow hearing has to be filed in Precinct 2, 3, 6 or 8 and heard in the precinct where the tow happened. Check the court’s list of tow-hearing locations to choose where to file.
3. Fill out the form and attach evidence
Fill out the form listed here and include your contact info, when and where the tow happened and the towing and storage company details. Attach any tow or storage receipts or notices, photos of the signs and where you parked, and messages with the property owner or towing company. If there were no parking-restriction signs, say so.
4. Deliver and pay the filing fee.
Deliver the form to the clerks office of the precinct in which you are filing. There, you are required to pay a fee of $54 for a tow hearing in Harris County.
The bottom line: if you believe the tow was out of lane, you don’t have to let it slide. Gather receipts, mark your calendar and file.
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This article originally published at Think your car was wrongfully towed in Houston? Here is how to challenge it..