Your rights after a tow in Wisconsin
Wisconsin law sets rules for towing from private property, such as apartment complexes and store lots. One set of maximum rates applies across the state. Here is what the law says, in plain English.
Maximum charges in Wisconsin
These rates may have changed since this schedule was published. Schedules are often updated once a year, so check the official source before relying on them.
| Charge | Maximum |
|---|---|
| Indoor storage, per 24 hours | $35.00 |
| Special equipment or unusual circumstances (extra) | $150.00 |
| Mileage surcharge per mile beyond 20-mile round trip | $3.00 |
| Municipal service fee (only if city requests it, plus matching tow-company fee) | $35.00 |
The tow is capped at $150 and storage at $25 per 24 hours outdoors. Extra charges for special equipment, long trips, and city fees are allowed only in the cases the rule lists, and administrative, gate and lien-processing fees cannot be added as special-equipment charges. See the official Wisconsin (statewide, Dept. of Transportation rule Trans 319) rates (opens in a new tab).
Pick your city
- Appleton
- Beloit
- Brookfield
- Caledonia
- De Pere
- Eau Claire
- Fitchburg
- Fond du Lac
- Franklin
- Green Bay
- Greenfield
- Janesville
- La Crosse
- Madison
- Manitowoc
- Menomonee Falls
- Milwaukee
- Mount Pleasant
- Neenah
- New Berlin
- Oak Creek
- Oshkosh
- Racine
- Sheboygan
- Stevens Point
- Sun Prairie
- Superior
- Waukesha
- Wausau
- Wauwatosa
- West Allis
- West Bend
Tow-away signs
- A lot counts as properly posted only if a notice is at each vehicle entrance, easy to read from a car driving in, and another notice is easy to read from where your car was parked. The bottom edge of the sign must be at least 4 feet off the ground. Wis. Admin. Code Trans 319.04(2) (opens in a new tab)
- The sign must say parking by unauthorized vehicles is prohibited and they may be removed, or show the tow-away symbol with a no-unauthorized-parking message. Letters must be at least 2 inches tall and contrast with the sign background (for signs put up after Feb. 1, 2016). Wis. Admin. Code Trans 319.04(1); Wis. Stat. 349.13(3m)(a)2 (opens in a new tab)
- If the lot is not properly posted, the car can be towed only after a court repossession judgment or a citation for illegal parking. On a properly posted lot, it can be towed immediately. Wis. Stat. 349.13(3m)(b), (c) (opens in a new tab)
Who can order a tow
- Only a towing service can remove the car, and only at the request of the property owner or their agent, a traffic officer, or a parking enforcer. A car reported stolen cannot be towed from private property. Wis. Stat. 349.13(3m)(d)1, (dr)1 (opens in a new tab)
Police notice and finding your car
- Before the car is removed, the tow company must notify local police (or the county sheriff if there is no city police) of the car's make, model, VIN, plate number and where it is being taken. The call goes to the police non-emergency number unless the agency sets another method. Wis. Stat. 349.13(3m)(d)2; Wis. Admin. Code Trans 319.05(1), (2) (opens in a new tab)
- The police agency must keep a record of each tow notice for at least 60 days. If you ask, it must immediately tell you the tow company's name and phone, when the car was towed, and where it is stored. Wis. Stat. 349.13(3m)(dg); Wis. Admin. Code Trans 319.05(3) (opens in a new tab)
- A tow company that did not make a good-faith effort to notify police before the tow cannot collect any towing or storage charges. In a 1st class city (Milwaukee), it cannot collect them at all unless it actually gave the notice. Wis. Stat. 349.13(3m)(dr)2 (opens in a new tab)
What they can charge
- For a tow from private property with no citation issued, the company may charge only ordinary and reasonable fees, capped at $150 for the tow itself. Storage is capped at $25 per 24 hours outdoors or $35 per 24 hours indoors. Wis. Admin. Code Trans 319.03(1)(a)-(c) (opens in a new tab)
- Up to $150 more may be charged for special equipment or hard-to-reach cars, but only if the car is unusual (or weighs 10,001 lb or more), the spot made towing unusually hard, or the round trip exceeds 20 miles. Admin, gate and lien-processing fees cannot be added this way. Wis. Admin. Code Trans 319.03(1)(d) (opens in a new tab)
- When the round trip is over 20 miles, the company may add $3.00 per mile beyond 20. It must write the truck's start and end odometer readings on the tow slip. Wis. Admin. Code Trans 319.03(1)(d)3 (opens in a new tab)
- If your city or village asks for it, the tow company must add a service fee of up to $35 for the municipality, and may also charge you a matching fee of its own. These are on top of the tow and storage caps. Wis. Stat. 349.13(3m)(dm); Wis. Admin. Code Trans 319.03(2), (3) (opens in a new tab)
- Storage starts when the tow company notifies police, and you cannot be billed for any calendar day when the lot was open for pickup less than 4 consecutive hours between 8 a.m. and 5 p.m. Storage is counted in whole 24-hour periods rounded up. Wis. Admin. Code Trans 319.03(4) (opens in a new tab)
- The state sets the private-property tow maximums for the whole state. Statute lets local governments set charges for police-ordered tows from public streets, and Milwaukee's court-upheld drop-fee rule is local; no city rate schedule for private-property tows was found. Wis. Stat. 349.13(3), (3m)(e); Wis. Admin. Code Trans 319.03 (opens in a new tab)
If you get back before the tow leaves
- Wisconsin state law has no drop-fee rule. In Milwaukee, if the truck is not yet fully hooked up, the operator can release the car for a fee of no more than $50, and a court upheld that city rule in 2023. Milwaukee Code 93-47-3 (as described in Always Towing v. City of Milwaukee, 2023 WI App) (opens in a new tab)
Getting your car back
- You pay the reasonable towing and storage charges directly to the tow company, and it may keep the car until you pay. Wisconsin law does not say which payment methods it must accept. Wis. Stat. 349.13(3m)(d)3 (opens in a new tab)
- Wisconsin's private-property tow law does not say you can inspect the car, retrieve belongings, or that a company may not make you sign a waiver. No rule was found on these points. Wis. Stat. 349.13(3m); Wis. Admin. Code ch. Trans 319 (opens in a new tab)
- Photograph your car and the tow slip before paying. The tow company is protected from liability for towing a car at an officer's request except for lack of reasonable care or willful conduct, so document any damage. Wis. Stat. 349.13(5)(a) (opens in a new tab)
If the bill goes unpaid
- If the charges are not paid within 30 days of the tow and you have no written installment agreement with the tow company, the car is deemed abandoned and can be disposed of like other abandoned vehicles. Wis. Stat. 349.13(3m)(d)3 (opens in a new tab)
- For a car treated as abandoned, the municipality or county must mail a certified notice to the owner and lienholders and hold the car at least 10 days before it can be sold or donated. The notice says failing to reclaim it is a waiver of ownership. Wis. Stat. 342.40(3)(c) (opens in a new tab)
- An unclaimed abandoned car is sold by sealed bid or auction under local ordinance, or may be junked or donated. Sale proceeds go first to costs, and any shortfall can be pursued against the owner. Wis. Stat. 342.40(3)(b), (c) (opens in a new tab)
Disputing the tow
- If you were overcharged or towed from a lot that was not properly posted, you can file a consumer complaint with the state. The agency contacts the business for you but cannot force a refund. Wis. Stat. 349.13(3m); DATCP consumer complaint page (opens in a new tab)
- You can sue in small claims court for a refund of illegal charges or damage. Money claims up to $10,000 can use small claims, and tort claims are limited to $5,000. The limit for other claims rises to $15,000 on Jan. 1, 2027. Wis. Stat. 799.01(1)(cr), (d) (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
- Wisconsin DATCP Bureau of Consumer Protection. File a consumer complaint online or by mail (PO Box 8911, Madison, WI 53708-8911) and attach receipts and the tow slip. Staff typically contact you within a week and then reach out to the business, but cannot force a resolution. Phone (608) 224-5012. File a complaint (opens in a new tab)
- Local police non-emergency line. Police must keep the tow notice for 60 days and give you the tow company, time and storage address on request.
Wisconsin small claims handles money claims up to $10,000 (tort claims up to $5,000). The general limit rises to $15,000 on January 1, 2027 under 2025 Wis. Act 105.
Sources
Last checked 2026-10-17. These are the laws and official pages this page is based on.
- https://docs.legis.wisconsin.gov/code/admin_code/trans/319 (opens in a new tab)
- https://docs.legis.wisconsin.gov/document/statutes/349.13 (opens in a new tab)
- https://caselaw.findlaw.com/court/wi-court-of-appeals/2185020.html (opens in a new tab)
- https://docs.legis.wisconsin.gov/document/statutes/342.40 (opens in a new tab)
- https://datcp.wi.gov/Pages/Programs_Services/FileConsumerComplaint.aspx (opens in a new tab)
- https://docs.legis.wisconsin.gov/document/statutes/799.01 (opens in a new tab)
- https://consumer.ftc.gov/articles/disputing-credit-card-charges (opens in a new tab)