Improper Towing Under SDCL §32-30-12.1 et seq.
South Dakota law requires specific procedures before a vehicle can be towed and lien enforced. SDCL §32-30-12 requires notice to law enforcement and the registered owner. SDCL §32-36 governs abandoned vehicles. The owner of a tow lot must provide certified mail notice to the registered owner within 10 days, including itemized charges. Failure to comply voids the lien and creates a cause of action under SDCL §37-24-1+ (Deceptive Trade Practices) and common-law conversion.
Legal basis
SDCL §32-30-12 et seq. (towing); SDCL §32-36 (abandoned vehicles); SDCL Chapter 37-24 (Deceptive Trade Practices)
Sample appeal wording
TO: [TOWING COMPANY] RE: Vehicle [PLATE] - Demand for Compliance and Return Dear Sir/Madam: My vehicle was towed on [DATE]. Under SDCL §32-30-12 and §32-36, you are required to: 1. Notify law enforcement promptly 2. Send certified mail notice to registered owner within 10 days 3. Provide itemized statement of charges Your failure to comply with [SPECIFIC PROVISION] voids your lien and constitutes conversion. Additionally, your conduct violates SDCL §37-24-6 (Deceptive Trade Practices), creating liability for actual damages, statutory damages, and attorney fees under SDCL §37-24-31. I demand: (1) return of vehicle without charge; (2) refund of fees paid; (3) written response within 10 days. Failure will result in litigation in [COUNTY] Magistrate Court. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://sdlegislature.gov/Statutes/32-30
- https://sdlegislature.gov/Statutes/37-24
- SDCL Chapter 32-30 and 32-36