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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.

California small claims filing fees by claim amount
Amount you are claimingFiling 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.

Build my demand letter — free

No account needed to start. We are not a law firm and cannot give legal advice.

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