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towing defenseUnited States · Indiana (Statewide)Difficulty: Medium

Improper Tow — Notice and Hearing Requirements (IC 9-22-1)

Indiana Code §9-22-1-2 et seq. governs abandoned-vehicle and tow procedures. A vehicle towed from public streets must have notice mailed to the registered owner within 7 days (IC 9-22-1-15). For private-property tows, IC 9-22-1-16 requires the towing company to notify the local police department within 2 hours of the tow and to maintain a log accessible to owners. Failure to follow these notice provisions exposes the towing company to liability and gives the vehicle owner grounds to recover towing/storage fees and any underlying parking citation. Indianapolis additionally regulates predatory towing under §996-101 (Wrecker Service Ordinance), requiring posted signage on private lots and a maximum allowable tow rate.

Legal basis

Indiana Code §9-22-1-2 through §9-22-1-25; Indianapolis Rev. Code §996-101 et seq. (Wrecker Service); IC 32-33-10-5 (storage liens)

Sample appeal wording

TO: [Marion County Small Claims Court / Hearing Officer] RE: Refund of Tow and Storage Fees / Vacatur of Citation [TICKET_NUMBER] I seek refund of tow/storage fees ($[AMOUNT]) and dismissal of any associated citation under Indiana Code §9-22-1 et seq. and Indianapolis Revised Code §996-101. On [DATE] my vehicle ([PLATE]) was towed by [TOWING COMPANY] from [LOCATION]. The towing operator failed to: [select all that apply] ☐ Notify Indianapolis Metropolitan Police Department within 2 hours (IC 9-22-1-16); ☐ Mail notice to the registered owner within 7 days (IC 9-22-1-15); ☐ Post compliant signage at the entry to the private lot (Indy Rev. Code §996-101); ☐ Charge a rate at or below the published maximum; ☐ Provide an itemized receipt. I demand a refund of all fees and dismissal of any underlying citation. Signed, [FULL_NAME] Date: [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Indiana Code §9-22-1
  • Indianapolis Revised Code Ch. 996
  • IC §32-33-10 (mechanics & storage liens)

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