Improper Towing Under MCA §61-12-401 et seq.
Montana law strictly regulates towing. MCA §61-12-401 et seq. governs abandoned and improperly parked vehicles. Tow operators must notify law enforcement within prescribed time, send certified mail notice to registered owner, and provide itemized invoices. MCA §61-12-403 requires specific procedures for lien enforcement. Failure to comply voids the lien and creates Consumer Protection Act liability under MCA §30-14-101 et seq.
Legal basis
MCA §61-12-401 through §61-12-409; MCA §30-14-101 et seq. (Consumer Protection)
Sample appeal wording
TO: [TOWING COMPANY] RE: Vehicle [PLATE] - Demand for Compliance Under MCA §61-12-401 et seq., you are required to: [LIST REQUIREMENTS]. Your failure to comply with [SPECIFIC] voids your lien and constitutes conversion plus violation of MCA §30-14-103 (Consumer Protection Act), exposing you to actual damages, treble damages, and attorney fees under MCA §30-14-133. I demand: (1) return of vehicle without charge; (2) refund of fees; (3) written response within 10 days. Failure will result in litigation. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://leg.mt.gov/bills/mca/title_0610/chapter_0120/parts_index.html
- https://leg.mt.gov/bills/mca/title_0300/chapter_0140/parts_index.html
- Montana Department of Justice Consumer Protection