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Your rights after a tow in Delaware

Delaware law sets rules for towing from private property, such as apartment complexes and store lots. Counties and cities set the maximum rates. Here is what the law says, in plain English.

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Signs and local rules

The Delaware towing, lien and abandoned-vehicle chapters we read do not set sign rules for private lots. Any sign or notice rule is more likely to come from the city, county or the lot's own agreement, so check your local code. 21 Del. C. ch. 44; 25 Del. C. ch. 39 (opens in a new tab)
We found no state schedule of maximum rates for private-property tows. Rates and any extra tow rules may be set locally, so ask the city or county where you were towed. 21 Del. C. ch. 44; 25 Del. C. ch. 39; 21 Del. C. ch. 69 (opens in a new tab)

Police-directed and abandoned-vehicle tows

Chapter 44 covers vehicles that look abandoned: broken down, or with plates expired 30+ days or missing. On private property, police can have one removed at the owner's or occupant's complaint without the usual 12-hour notice sticker. 21 Del. C. 4401(b), 4402(c) (opens in a new tab)
Chapter 44 applies only when a tow is directed by the police or the state Department. A purely private tow-away from a lot is not governed by it. 21 Del. C. 4402(f) (opens in a new tab)
After a police-directed abandoned-vehicle removal, officials must mail the registered owner and lienholders a notice within 5 days. It says where the car is and that it may be sold if costs are not paid within 30 days of removal. 21 Del. C. 4403 (opens in a new tab)

Finding your car

A tow company that stores a car towed at someone other than the owner's request keeps priority over lenders only if it notifies the appropriate police agency, by phone or in person. The statute gives no deadline for the police call, so call police yourself to find the car. 25 Del. C. 3907(b) (opens in a new tab)

The tow company's lien

A tow or storage operator has a lien on your vehicle and may keep it until the charges are paid. 25 Del. C. 3901(a) (opens in a new tab)

Getting your car back

The lien does not cover personal property that is not attached to or needed to run the vehicle. You can get those items back if you claim them before the car is sold. 25 Del. C. 3906(b); 21 Del. C. 4404 (opens in a new tab)
If the company claims storage fees, its court application for a sale must show the per-day storage rate. The statute does not set a maximum amount. 25 Del. C. 3903(b)(3) (opens in a new tab)

Notice and sale deadlines

To get priority over a lender, the company must send certified-mail notice to the title holder and lienholders of record within 7 business days of taking the car. Notices for motor vehicles go to the addresses on file with the DMV. 25 Del. C. 3906(a), 3907(b) (opens in a new tab)
If the bill is unpaid 30 days after it came due, the company may seek to sell the car. It needs a justice of the peace's authorization, a court judgment, or a signed release from the owner and lienholders. 25 Del. C. 3903(a) (opens in a new tab)
Before any sale the company must post notice of the sale in 5 or more public places and advertise it in a local newspaper at least 15 days ahead. Leftover sale money goes to the court and, if unclaimed, the State Treasurer. 25 Del. C. 3905 (opens in a new tab)
For police-directed tows, the tower must mail a certified notice giving a payment date at least 15 days out. After that it can ask the DMV for a hearing, and an owner who does not appear loses all rights in the car. 21 Del. C. 6902(b), (c) (opens in a new tab)

If you think the tow was wrong

If the company applies to sell your car, the justice of the peace mails you notice. Returning the signed declaration within 20 days gets you a hearing, and the company can then sell only with a court judgment or your release. 25 Del. C. 3903(b)-(d) (opens in a new tab)
You can file a replevin (return of property) or detinue action at any time, and no bond is required to file it. The Justice of the Peace Court hears these unless a party asks for a jury. 25 Del. C. 3908, 3909 (opens in a new tab)
The Justice of the Peace Court can hear contract and property claims, including replevin, up to $25,000. 10 Del. C. 9301(1) (opens in a new tab)
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. Fair Credit Billing Act (FTC guidance) (opens in a new tab)

Where to complain

Delaware Department of Justice, Consumer Protection Unit. Takes consumer complaints about unfair business practices. We did not confirm that it handles towing complaints specifically. File a complaint (opens in a new tab)
Justice of the Peace Court. Hears lien-sale petitions, replevin actions and civil claims up to $25,000. File a complaint (opens in a new tab)

The Justice of the Peace Court hears contract and property claims, including replevin, up to $25,000.

Check your tow

Sources

Last checked 2026-10-17. These are the laws and official pages this page is based on.