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towing defenseUnited States · Texas (Statewide)Difficulty: Easy

Tow Company Lacked Required TDLR License/Permit

Texas Occupations Code §§ 2308.101 and 2308.151 require any company performing nonconsent tows to hold a current TDLR-issued private property towing permit and the operator to hold a Private Property Towing Operator's License (§ 2308.154). § 2308.504 makes towing without a license a Class C misdemeanor. If the company that towed you was unlicensed or operating with an expired permit, the tow was unlawful per se and you may recover all fees plus damages under § 2308.404. TDLR maintains an online license search.

Legal basis

Texas Occupations Code §§ 2308.101, 2308.151, 2308.154, 2308.504, 2308.404

Sample appeal wording

Per Texas Occupations Code § 2308.151, the operator who removed my vehicle must hold a current TDLR private-property towing operator's license. I have searched the TDLR license database (https://www.tdlr.texas.gov/LicenseSearch/) on [DATE] and the operator [NAME on receipt] / company [NAME] [does not appear / shows expired/revoked status]. The tow was therefore unlawful under § 2308.151 and constitutes an offense under § 2308.504. I request full refund of all towing/storage fees and damages under § 2308.404.

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

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Sources

  • TDLR License Search
  • Texas Occupations Code Chapter 2308 Subchapters C and D

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