Non-Consensual Tow Without Required Notice – La. R.S. §32:1720
Louisiana Revised Statutes Chapter 11 (R.S. 32:1711–1736) regulates wreckers and the towing of vehicles from private property. La. R.S. §32:1720 requires the tower (or property owner authorising the tow) to notify law enforcement within a specified period, post conspicuous signage at the property identifying the towing company and storage location, and provide the owner with an itemised receipt. Failure to comply renders the tow a CONVERSION under Louisiana civil law (La. C.C. art. 2315 – delictual responsibility) and entitles the owner to a refund plus potential damages. Louisiana civil law provides a stronger remedy than common-law states because Article 2315 ('Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it') is one of the broadest tort provisions in the United States.
Legal basis
La. R.S. §32:1720; La. R.S. §32:1736 (consumer protection); La. C.C. art. 2315 (delictual responsibility); La. C.C. art. 2316 (negligence)
Sample appeal wording
[TOWING_COMPANY_NAME] [TOWING_COMPANY_ADDRESS] Re: Vehicle [PLATE] / VIN [VIN] Towed: [DATE] from [LOCATION] Invoice: [INVOICE_NUMBER] DEMAND FOR REFUND – NON-COMPLIANT TOW I demand a full refund of $[AMOUNT] charged for the above tow. The tow was performed in violation of Louisiana Revised Statutes Chapter 11 (R.S. 32:1711 et seq.) and is therefore a wrongful conversion under La. C.C. art. 2315. Specific violations: 1. La. R.S. §32:1720 – The lot at [LOCATION] did NOT display the required conspicuous notice identifying the towing company, telephone number, and storage address [or the signage was obscured/non-compliant: DESCRIBE]. 2. La. R.S. §32:1720(B) – Law enforcement was NOT notified of the tow within the statutory period [confirmed by call to NOPD/LSP on [DATE]]. 3. La. R.S. §32:1736 – The receipt provided is not itemised as required. Louisiana, as a civil-law jurisdiction, treats violation of these statutory duties as fault under La. C.C. art. 2315: 'Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.' I am entitled to restoration of all sums paid, plus consequential damages (lost wages, rental car, attorney fees recoverable under La. R.S. §51:1409 if your conduct also violates the Louisiana Unfair Trade Practices Act). If full refund is not received within 30 days, I will file suit in [PARISH] City Court / Justice of the Peace Court and report your company to the Louisiana Public Service Commission (the regulatory body for tow truck operators in Louisiana under La. R.S. §45:180.1). [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- La. R.S. §32:1711–1736
- La. C.C. art. 2315–2316
- La. R.S. §51:1401 et seq. (LUTPA)
- Louisiana Public Service Commission – Towing Regulation