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Your rights after a tow in South Carolina
South Carolina 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.
Pick your city
- Aiken
- Anderson
- Bluffton
- Charleston
- Columbia
- Conway
- Easley
- Florence
- Fort Mill
- Goose Creek
- Greenville
- Greer
- Hilton Head Island
- Lexington
- Mauldin
- Mount Pleasant
- Myrtle Beach
- North Augusta
- North Charleston
- Rock Hill
- Simpsonville
- Spartanburg
- Summerville
- Sumter
Parking-prohibited signs
- On commercial property, the owner must post a notice in a conspicuous place on the borders of the property near each entrance saying parking is prohibited. Proof of the posting counts as conclusive notice against the person who parked. S.C. Code 16-11-760(A) (opens in a new tab)
- State law does not set the size, wording, or tow-company contact details a sign must show. Some cities add their own sign rules, so check the local ordinance. S.C. Code 16-11-760(A) (opens in a new tab)
- The posting requirement applies when the property is for commercial use. The statute sets no sign rule for non-commercial property such as a private home, but parking there without consent is still unlawful. S.C. Code 16-11-760(A) (opens in a new tab)
Reporting and finding your car
- A towing company that tows and stores a car without the owner's knowledge must immediately tell the city police (or county sheriff outside city limits) where it was towed from, who towed it, and where it is stored. If it does not do so within one hour, it is not entitled to any pay for the tow and storage. S.C. Code 56-5-2525(B)-(C) (opens in a new tab)
- The police or sheriff must draft a towing report and give the tow company the report's document number. Call the non-emergency line to find your car; this notice is not required when police ordered the tow. S.C. Code 56-5-2525(C) (opens in a new tab)
- A car parked on private property without the owner's consent can be towed and stored at the owner's expense. The towing and storage charges become a lien on the car, but only if the tow company notified law enforcement. S.C. Code 16-11-760(B) (opens in a new tab)
Getting your car back
- A company that tows and stores a car without the owner's knowledge does not have to return it after the company's normal business hours. Ask for the lot's hours before you go. S.C. Code 56-5-2525(D) (opens in a new tab)
- Notices go to the last registered owner and any lienholders of record. State law does not list other ID requirements; bring your registration or title and photo ID. S.C. Code 56-5-5635(B),(F) (opens in a new tab)
- For vehicles removed as abandoned under the state abandoned-vehicle article, the company must accept the same payment methods it would have accepted if you had hired the tow yourself. No similar rule was found specifically for private-property tows. S.C. Code 56-5-5630(A)(2) (opens in a new tab)
- Once your car is at the lot, the registered owner (shown by a registration certificate) gets one chance to remove personal property not attached to the car. Property that belongs to someone else must be released to that person. S.C. Code 56-5-5635(F) (opens in a new tab)
- The company may keep your license plate until the towing and allowed storage costs are paid or, if the car is never claimed, until it is sold. S.C. Code 29-15-10(E) (opens in a new tab)
What you can be charged
- The company may charge storage for only up to 7 business days before it mails you notice of where the car is. The notice must state the daily storage rate that will apply after it is sent. No other storage can be charged for that period. S.C. Code 29-15-10(B) (opens in a new tab)
- The state code sets no dollar maximum for private-property towing or storage that I could find. Rates are left to the contract, local ordinance, or the market, so ask for an itemized bill. S.C. Code Title 16, 29, 56 (no rate cap found) (opens in a new tab)
- Some South Carolina counties and cities set their own maximum rates and sign rules for tows from private property. Check the ordinance for the place where you were towed. Local ordinances (see cityOverrides) (opens in a new tab)
Notice and sale of an unclaimed car
- The company must look up the owner and lienholders and mail notice by registered or certified mail (or certified mail with electronic tracking) within 5 business days of getting their identities. It must describe the car and state the daily storage rate. S.C. Code 29-15-10(B)-(C) (opens in a new tab)
- The notice must tell you that you have 30 days after it is mailed to reclaim the car by paying the allowed towing, storage, notice and court costs. If you do not, you are treated as consenting to a public sale. S.C. Code 56-5-5630(A)(2) (opens in a new tab)
- A tow company can sell an unclaimed car only after 30 days have passed since written notice to the owner and lienholders. A magistrate conducts the sale after advertising it for at least 15 days. S.C. Code 29-15-10(A),(D) (opens in a new tab)
- Any money left from a sale after the tow company is paid is held by the magistrate for you for 90 days. After that it goes to the county or city general fund. S.C. Code 29-15-10(D) (opens in a new tab)
- The buyer gets the car free of liens and claims under a magistrate's order of sale. The towing company must place a minimum $1 bid and wins the car if nobody bids higher. S.C. Code 56-5-5640; 29-15-10(F) (opens in a new tab)
If you think the tow was wrong
- State law does not give a specific hearing to contest a private-property tow. You can pay to get the car out and sue in magistrate court, or ask the magistrate in the county where it is held about the pending sale. S.C. Code 22-3-10; 29-15-10(A) (opens in a new tab)
- State law does not say whether you can inspect the car before paying or whether you waive claims by paying. Look the car over, photograph it, and write any objection on the receipt. No state rule found (opens in a new tab)
- Photograph any damage at the lot and keep the receipt and towing report number. These help in a claim against the company. Practical tip; S.C. Code 56-5-2525(C) (opens in a new tab)
- If you paid by credit card and believe the charge was improper, you can dispute it with your card issuer under federal billing-error rules. Do this promptly after you pay. FTC guidance on credit card billing disputes (opens in a new tab)
- Under the abandoned-vehicle article, a property occupant or contractor removing an abandoned car is liable only for willful, wanton or reckless conduct. This applies to abandoned or derelict vehicles, not ordinary parking tows. S.C. Code 56-5-5880 (opens in a new tab)
Where to complain
- South Carolina Department of Consumer Affairs. State consumer agency that takes complaints about businesses. Use it if a tow company overcharged or misled you. File a complaint (opens in a new tab)
- Local police or sheriff non-emergency line. The tow company must report each private tow to local law enforcement within one hour, so they can tell you where your car is and take a report.
South Carolina magistrate court hears civil claims up to $7,500, which covers most wrongful-tow damage and overcharge claims. You do not need a lawyer.
Sources
Last checked 2026-10-17. These are the laws and official pages this page is based on.
- https://www.scstatehouse.gov/code/t16c011.php (opens in a new tab)
- https://www.scstatehouse.gov/code/t56c005.php (opens in a new tab)
- https://www.scstatehouse.gov/code/t29c015.php (opens in a new tab)
- https://www.scstatehouse.gov/code/t22c003.php (opens in a new tab)
- https://consumer.ftc.gov/articles/disputing-credit-card-charges (opens in a new tab)
- https://consumer.sc.gov/ (opens in a new tab)