Home / Advice / Improper Tow — RSMo §304.155 / §304.157 Notice and Hearing
towing defenseUnited States · Missouri (Statewide)Difficulty: Medium

Improper Tow — RSMo §304.155 / §304.157 Notice and Hearing

Missouri's abandoned-vehicle and tow statute (RSMo §304.155–§304.158) requires (a) prompt police authorization for a tow from public property; (b) a towing lien claimant to mail certified notice to the registered owner within 5 days (§304.156); (c) a clear notice of the right to a hearing before sale; and (d) for private-property tows, the towing operator must report the tow to the local law-enforcement agency within 1 hour (§304.157.5) and must comply with posted-signage requirements. Failure to meet ANY of these creates liability against the towing company under §304.158 and grounds for dismissal of any associated parking citation.

Legal basis

RSMo §304.155, §304.156, §304.157, §304.158; common-law conversion / replevin

Sample appeal wording

TO: [Towing Company] CC: [Local Police Department] RE: Refund and Cease-Demand under RSMo §304.155 et seq. On [DATE] at [LOCATION] my vehicle ([PLATE]) was towed by [COMPANY]. I assert violations of: ☐ §304.157.5 — failure to report tow to law enforcement within 1 hour; ☐ §304.156 — failure to mail certified notice within 5 days; ☐ §304.157 — non-compliant private-lot signage; ☐ Excessive fees beyond the schedule allowed under local ordinance. I demand: (1) full refund of $[AMOUNT]; (2) release of any lien; (3) confirmation no further charges will be sought. Failure to comply within 30 days will result in suit under RSMo §304.158, including attorneys' fees. Signed, [FULL_NAME] Date: [DATE]

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

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Sources

  • RSMo §304.155
  • RSMo §304.156
  • RSMo §304.157
  • RSMo §304.158

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