Car was towed improperly — suing in California small claims court
Photograph the signage at the location before anything changes, including its height, wording and distance from the entrance. Vehicle Code § 22658 is specific about signs, and that photograph is usually the whole case.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
3 years — Conversion and interference with your property (Code Civ. Proc. § 338(c)).
The rule that decides most of these cases
California regulates private-property towing closely: signage requirements, in most cases written authorization from the property owner for that specific vehicle, and a right to recover your car. A tow that breaks these rules can expose the towing company to double your towing and storage charges. (Veh. Code § 22658)
What this kind of case is worth
Improper tow claims in California small claims court typically run from $200 to $2,000. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- Photographs of where the car was parked and of all nearby signage
- The tow and storage invoice
- Proof of payment to recover the vehicle
- The police report, if you reported it stolen before discovering the tow
- Any written authorization the tow company relies on
- Photographs of any damage caused by the tow
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim the signage complied
- They produce the property owner's authorization
- They claim you were parked in a fire lane or blocking access
Serving the papers
Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.
The hearing
You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.
Common questions
Can I recover double the towing charges?
Vehicle Code § 22658 provides for double the towing and storage charges against a towing company that removes a vehicle without complying with the statute — for example without proper signage or valid authorization. You have to prove the violation, which is why the signage photographs matter so much.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.