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If your car was towed illegally in Georgia, your first step is to document everything at the scene before retrieving your vehicle. A tow is potentially illegal if the required signage was not properly posted, if the towing company does not hold a valid DPS permit, if the company charged above state rate caps, or if the company had an impermissible ongoing surveillance agreement with the property owner. Under O.C.G.A. 44-1-13, companies in violation face civil penalties of up to $2,500 and individual violations carry fines of up to $1,000. You can file a complaint with the Georgia DPS, the Georgia Attorney General’s Consumer Protection Division, and in some cases pursue a civil claim to recover your fees. Call PMA Transportation Services at (470) 785-3743 for legitimate, permitted towing services across metro Atlanta and surrounding Georgia counties.

Finding your car gone is stressful enough. Suspecting it was towed illegally makes it worse. Georgia law gives vehicle owners specific, enforceable rights in towing situations, but exercising them requires knowing what violations actually look like and what to do in the immediate aftermath. This guide walks through every step.

What Makes a Tow Illegal in Georgia?

Not every tow that feels unfair is legally illegal. Georgia law sets specific requirements that must be met for a private property tow to be lawful. If any of these are missing, the tow may be challengeable.

1. Missing or non-compliant signage. Under O.C.G.A. 44-1-13, property owners must conspicuously post notice that any vehicle not authorized to be on the property may be removed at the expense of the vehicle owner. That notice must also include information about the location where the vehicle can be recovered, the contact information for the towing company, and the fees involved.

If the signage was absent, not clearly visible, or did not include recovery location and fee information, the tow may be invalid. This is the most common basis for challenging a private property tow in Georgia.

2. No written authorization from the property owner. The Georgia Department of Public Safety enforces O.C.G.A. Section 44-1-13, which requires that if the towing company tows from private property, it must have a written agreement with the owner of the property and a current filing with the DPS.

A towing company cannot operate on private property without a current written agreement with that property’s owner or authorized agent. If no such agreement exists, the tow is unauthorized.

3. Unpermitted towing company. Every company engaged in non-consensual towing from private property must hold a valid permit from the Georgia Department of Public Safety. Operating without a permit is illegal, and towing companies face fines of up to $1,000 for violations of O.C.G.A. 44-1-13, whether or not they hold a permit.

You can verify whether a towing company holds a valid DPS permit through the DPS website before or after a tow dispute.

4. Illegal surveillance agreement. It is unlawful and punishable by a fine of $1,000 for any towing and storage firm to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of that property for purposes of removing vehicles. Each tow must be triggered by a specific call from the property owner or their agent for that individual vehicle, not a standing patrol arrangement.

5. Fees exceeding the state cap. Companies cannot charge fees exceeding those set by the DPS in Tariff No. 5. The maximum non-consensual tow fee for a standard passenger vehicle is $228, and the maximum daily storage fee is $33 per day, with the first 24 hours free. Charging above these caps on a non-consensual tow is itself a violation of Georgia law.

Step 1: Document Everything Before Leaving the Scene

This is the most time-sensitive step, and most people skip it because they are focused on getting to the impound lot.

Before you leave the location where your car was parked, do the following:

• Photograph the entire parking area, including the entrance, exits, and any posted signs. If the required signage is missing or unclear, that evidence disappears once you leave.
• Photograph any signage that is present, capturing the full text, location relative to the parking space, and whether it includes recovery location, towing company contact, and fee information.
• Note the exact time and date, and capture a timestamped photo showing your location.
• Ask any nearby witnesses whether they saw the tow take place and whether the tow truck operator behaved appropriately.
• Screenshot or note any parking meters, permit readers, or space markings on or around where your car was parked.

This documentation is the foundation of any successful complaint or civil claim. Without it, proving what the scene looked like before you arrived becomes very difficult.

Step 2: Retrieve Your Vehicle First

Even if you believe the tow was illegal, retrieve your vehicle before pursuing a dispute. Storage fees accumulate at up to $33 per day in Georgia, and every day you wait increases your total.

Georgia towing regulations require companies to accept cash, debit cards, and at least two major credit cards. A company that insists on cash only or refuses card payment is violating state rules.

Pay by credit card if possible, which gives you a dispute mechanism through your card issuer if the charges are later found to be unlawful. Request an itemized receipt showing every fee charged. This document is required evidence for any complaint or civil claim.

For a complete breakdown of what you are legally required to pay and what you are protected from being charged, see our Georgia impound fee guide.

Step 3: File a Complaint with the Georgia DPS

The Georgia Department of Public Safety oversees non-consensual towing from private property and enforces O.C.G.A. 44-1-13. You can file a formal complaint if:

• The required signage was missing or non-compliant
• The towing company did not have a valid DPS permit
• The company charged above the tariff cap
• The tow appeared to be from an illegal surveillance agreement

Include your documented photos, the itemized receipt, the date and location, the towing company name, and a clear description of what you believe violated the law. DPS can investigate, issue citations, and impose civil penalties of up to $2,500 on companies found in violation.

Step 4: File a Complaint with the Georgia Attorney General

The Georgia Attorney General’s Consumer Protection Division handles complaints about deceptive or unfair towing practices, including overcharging on consensual tows, refusing card payment, and billing for unauthorized services.

Filing with both the DPS and the AG’s office is not redundant. The DPS has jurisdiction over permit violations and signage requirements under O.C.G.A. 44-1-13. The AG’s office has broader jurisdiction over deceptive business practices under Georgia’s Fair Business Practices Act. A case involving both missing signage and overcharging belongs with both agencies.

Step 5: Consider a Civil Claim in Magistrate Court

If your complaint does not result in a refund and you have strong documentation, Georgia’s magistrate court (small claims court) allows claims up to $15,000 without requiring an attorney.

A civil claim for an illegal tow would name the towing company as the defendant and seek recovery of the tow fee, storage fees, and potentially additional damages. The documentation you gathered at the scene is your primary evidence.

Under O.C.G.A. 44-1-13, companies in violation face financial penalties ranging from $500 to several thousand dollars depending on the severity and frequency of violations. Courts in Georgia take these violations seriously, and a well-documented claim has real standing.

What If the Tow Was from Government Property?

O.C.G.A. Section 44-1-13 does not cover towing from government property or towing ordered by a municipality. If your car was towed from a public street, a government parking lot, or by police order, the private property towing framework does not apply. Contact the local police department or municipality that ordered the tow and follow their specific dispute process.

How to Verify Whether a Towing Company Is Permitted in Georgia

Before or during any dispute, you can confirm whether the company that towed your vehicle holds a valid DPS permit. The Georgia DPS maintains a publicly searchable list of permitted towing companies. A company operating without a permit has no legal standing to conduct non-consensual tows and is subject to fines regardless of whether the individual tow had other violations.

Questions Answered On Car Towed Illegally in Georgia?

What makes a tow illegal in Georgia?

A private property tow in Georgia is potentially illegal if the required signage was not properly posted, if the towing company lacks a valid DPS permit, if the company had an illegal ongoing surveillance agreement with the property owner, or if the fees charged exceed the state cap under Maximum Rate Tariff No. 5.

Can I refuse to pay and demand my car back if the tow was illegal?

In practice, most impound lots will not release your vehicle without full payment regardless of a dispute. Retrieve your vehicle first, pay by credit card, get an itemized receipt, and then pursue a refund through the DPS, the AG’s office, or magistrate court.

How do I file a complaint about an illegal tow in Georgia?

File with the Georgia Department of Public Safety for permit and signage violations under O.C.G.A. 44-1-13, and with the Georgia Attorney General’s Consumer Protection Division for overcharging and deceptive practices. Include your photos, receipt, and a written account of what happened.

What is the maximum fine for illegal towing in Georgia?

Under O.C.G.A. 44-1-13, civil penalties for violations can reach up to $2,500. Specific violations such as illegal surveillance agreements carry fines of $1,000 per violation.

Can I sue a towing company for towing my car illegally in Georgia?

Yes. Georgia magistrate court handles claims up to $15,000 without requiring an attorney. A well-documented case showing missing signage or excess fees can support a civil claim for recovery of towing and storage costs.

Does O.C.G.A. 44-1-13 apply if my car was towed from a public street?

No. O.C.G.A. 44-1-13 covers non-consensual towing from private property only. Tows ordered by law enforcement from public streets or government property are governed by separate municipal and state regulations.

Keep Reading

If your vehicle ended up in an impound lot after the tow, our Georgia impound fee guide covers your right to the first 24 hours free, the $33/day storage cap, and the documentation you need to retrieve your vehicle. For a complete breakdown of what towing costs in Georgia across all service types, our complete towing cost guide covers every scenario in one place. And for a guide to choosing a legitimate, permitted Atlanta towing provider, see our how to choose a towing company in Atlanta guide.

Need Legitimate Towing in Atlanta?

PMA Transportation Services operates as a licensed, permitted towing provider across metro Atlanta and surrounding Georgia counties. Every call includes transparent pricing confirmed before dispatch, proper documentation, and no predatory practices.

View our full towing and roadside services or reach our team through our contact page. Call (470) 785-3743 anytime, day or night.