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Your rights after a tow in Montana

Montana 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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What Montana law does and does not say

Montana's motor vehicle code has no general statute that sets signage, rate, notice or release rules for towing a car from private property such as an apartment or store lot. Most protection comes from local ordinances and general lien law. Mont. Code Ann. Title 61 (no private-property tow section found); 61-12-102 (opens in a new tab)
State law lets a city or county pass an ordinance allowing private parking services to impound vehicles, so local rules may add requirements the state does not. Check your city or county code. Mont. Code Ann. 61-12-102(2) (opens in a new tab)
A private parking service may not immobilize a vehicle with a device such as a boot or wheel clamp. Mont. Code Ann. 61-12-102(2) (opens in a new tab)

What a tow can cost

Montana law sets no maximum towing or storage price for private-property tows. The state motor carrier chapter does not apply to tow trucks moving wrecked, disabled or abandoned vehicles. Ask for an itemized bill. Mont. Code Ann. 69-12-102(2) (opens in a new tab)
A tow or storage company holding your car has a lien, but for towing and storage the lien covers only the reasonable cost of that towing or storage. Mont. Code Ann. 71-3-1201(2)(a) (opens in a new tab)

Finding and reporting the tow

The sections read set no deadline for a private tow company to report a private-property tow to police. Call the city police non-emergency line or county sheriff to ask whether your car was reported. Mont. Code Ann. Title 61, ch. 12, part 4 (no private-tow reporting deadline found) (opens in a new tab)
If police or the sheriff take a car into custody as abandoned, they must make reasonable efforts to find the owner and tell them where the car is. This covers abandoned vehicles, not ordinary private-lot tows. Mont. Code Ann. 61-12-402(3) (opens in a new tab)

Getting your car back

To reclaim a car that police took as abandoned, you must show proof of ownership or right to possession to the sheriff or city police where it is stored and pay the removal and storage costs. Mont. Code Ann. 61-12-403 (opens in a new tab)
If a car held under the abandoned-vehicle law is reclaimed, you cannot be made to pay storage for more than 90 days. Mont. Code Ann. 61-12-403 (opens in a new tab)
Tow companies in the state police-rotation program must have staff who can release impounded vehicles from 8 a.m. to 5 p.m. Monday through Friday except state holidays. This applies to rotation-program operators, not every private-property tower. Mont. Code Ann. 61-8-920(2)(c) (opens in a new tab)

Your belongings in the car

If you are uninsured or underinsured, or insurance for the tow cannot be verified, items inside a car under a towing lien can also be held. Some items cannot be held, including prescriptions, IDs, cash and cards, wallets and purses, child safety items, and original personal or business records. Mont. Code Ann. 71-3-1201(2)(b) (opens in a new tab)

Liens, sale and your right to contest

A towing company cannot simply sell your car under a lien. It must wait 30 days after the service, then file a court action, and you must be served with an order to show cause at least 21 days before the hearing. Mont. Code Ann. 71-3-1203(1), (5) (opens in a new tab)
You can ask a court to hear any dispute about the sale of property held under a service lien. The lien enforcement hearing is the place to challenge the charges. Mont. Code Ann. 71-3-1203(9) (opens in a new tab)
For a car police took as abandoned, the sheriff or city police may sell it at auction if it is not reclaimed within 30 days after notice by certified mail or publication (60 days if taken after the driver's arrest). Mont. Code Ann. 61-12-404(1) (opens in a new tab)
Police may take a vehicle left abandoned for 5 days or more on private property. A landowner on property open to the public who calls police at the start of that 5-day period may then remove the vehicle. Mont. Code Ann. 61-12-401(1), (4) (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)

Complaints and disputes

A state tow truck complaint resolution committee reviews written complaints about tow truck issues, including towing charges. It sits under the Department of Justice and includes industry, public and highway patrol members. Mont. Code Ann. 61-8-912 (opens in a new tab)
Justice court small claims handles money disputes up to $7,000, so an overcharge or wrongful tow claim can often be filed there without a lawyer. Mont. Code Ann. 25-35-502(1) (opens in a new tab)

Where to complain

Tow truck complaint resolution committee (Montana Department of Justice). Reviews written complaints about tow truck issues, including towing charges. Complaints go in writing to a committee member; contact the Department of Justice for current addresses.
Local police non-emergency line or county sheriff. Ask whether your car was reported as towed and where it is stored.
Justice court (small claims). File a claim for up to $7,000 in the county where the defendant can be served.

Montana small claims court (in justice court) hears money claims up to $7,000, not counting costs, if the defendant can be served in the county where you file.

Check your tow

Sources

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