Car towed in San Jose

1Find who towed your car

No record of a tow anywhere? Report the car to police as possibly stolen.

2What they can charge

We have not verified local maximum rates for San Jose yet. Ask the tow company for its rate sheet. It must give you one on request.

Estimate your bill

3What to bring

• Documents that entitle you to the car include a certificate of ownership, registration, ownership information the company already holds, or a notarized owner letter with photo ID. A lender or its agent needs an assignment, photo ID and a title or similar document, and notarization cannot be required.
• The storage lot must accept a valid bank credit card (in your name) or cash and post a notice saying so. Refusing is a misdemeanor and the operator owes you four times the towing and storage charges. Call ahead to ask which types the lot takes.

Paperwork locked inside the car? No lien attaches to your belongings in the car. You can take them back during normal business hours without charge, even before paying towing and storage.

Cal. Civ. Code 3068.1(a)(2); Veh. Code 22658(q); Cal. Veh. Code 22658(k); Cal. Veh. Code 22851(b); 22651.07(c)(1)

4Getting it back

• The storage lot must stay open during normal business hours, which the law sets as Monday to Friday, 8 a.m. to 5 p.m., except state holidays, and must release cars after hours. An after-hours gate fee may be charged, capped at half the hourly tow rate.
• California's private-property tow law sets no maximum number of hours for the lot to hand over the car once you ask. If you ask within the first 24 hours and the lot is closed or refuses, only one day of storage may be charged until after the first business day.
• Before paying, you have the right to inspect your car at no charge, and your insurer can inspect it during business hours. California's towing statutes do not address a release form that waives damage claims, so read what you sign.
• Inspect the car before you drive away, and photograph any damage.

Before you sign anything: Photograph the car and write any damage on the release paperwork before you leave, since the company is liable for damage in transit and storage and you will need proof.

Cal. Veh. Code 22658(n)(2); Cal. Veh. Code 22658(i)(3); Cal. Veh. Code 22651.07(c)(3); Cal. Veh. Code 22658(f)(1)

5Was the tow legal?

Common problems with private tows in California include missing tow-away signs, refusing to release the car when you came back before it left, a storage lot too far away, and refusing a payment type the law requires.

Check my towSale deadlinesEvidence checklistDispute letter

Tow-away sign rules in California

These apply to private property tows relying on a sign (single-family lots need no sign).

• Where: In plain view at every entrance to the property.
• Size: at least 17 by 22 inches.
• Lettering at least 1 inch tall.
• Must show: a warning that unauthorized vehicles will be towed.
• Must show: the towing company's name.
• Must show: the towing company's phone number.

Cal. Veh. Code 22658(a)(1) (opens in a new tab)

6How to dispute a tow

1. Collect evidence. Photograph the lot entrances and any signs, keep every receipt, and write down times and names.
2. Ask for an itemized invoice. The company must show its CHP-approved rate within 24 hours of a request from law enforcement or prosecutors. Before you pay, it must give an itemized invoice and a copy of the Towing and Storage Fees and Access Notice on request. Knowingly overcharging is a misdemeanor, and an excessive charge makes the company liable for four times the amount.
3. File a complaint.
   • Local police or sheriff (traffic enforcement)
   • District attorney, city attorney or California Attorney General
   • San Diego City Attorney Towing Complaint Form
     Website (opens in a new tab)
4. Go to court if needed. The private-property tow law has no bond-and-hearing procedure like some states. For a car subject to a lien sale, filing a Declaration of Opposition within 10 days sends the matter to court, and you can also sue for damages and multiplied charges.
5. Consider small claims or a chargeback. California small claims court handles claims up to $12,500 for individuals (up to $6,250 for businesses). You can sue there for the multiplied-charge penalties and damage if you represent yourself. If you paid by credit card, you can dispute the charge with your card issuer. For billing errors, your written dispute generally must reach the issuer within 60 days of the first bill showing the charge. Whether a tow charge qualifies is up to the issuer.

7Deadlines to watch

California deadlines, counted from the law

• Lien sale proceedings must start within: 15 days (see the law for when the count starts), if start date is when the lien arises, not stated as the tow date. Cal. Civ. Code 3068.1(b); 3072(c), (f) (opens in a new tab)
• Earliest sale date after Notice of Pending Lien Sale is mailed (latest is 41 days): 31 days after the tow company's notice, if car valued at $4,000 or less. Cal. Civ. Code 3068.1(b); 3072(c), (f) (opens in a new tab)

See the dates for your tow

Common questions

Not verified yet for San Jose

We only publish details we could confirm from an official source. These are still missing, so ask the agencies above:

• Addresses and hours of the tow lots that hold police tows
• An official online lookup for towed cars
• Local maximum rates for private-property tows
• City-specific documents needed to pick up a car
• Local rules for someone else picking up your car
• Local auction schedules for unclaimed cars

Other cities in Santa Clara County

• Campbell
• Cupertino
• Gilroy
• Los Altos
• Los Gatos
• Milpitas
• Palo Alto
• Santa Clara