If your vehicle has been towed without legal authority, you’re not alone. Wrongful towing can leave you without transportation, facing unexpected costs, and uncertain about what happened. Mississippi law provides protections for vehicle owners, and understanding these rights is the first step toward holding responsible parties accountable.
Not every tow is legal, even when a towing company claims to have authority. A tow is lawful when it meets specific legal requirements. A property owner can authorize a tow on their property, but only under certain conditions. The property owner must have properly posted notice about towing, and the vehicle must actually be in violation—such as parking illegally or without permission.
Police can authorize a tow for abandoned vehicles, vehicles involved in crimes, or vehicles parked in violation of traffic laws. An auto lender or creditor with a security interest in the vehicle can arrange a repossession under strict legal guidelines. However, the creditor must comply with state law, meaning they cannot use fraud, force, or breach of the peace to seize the vehicle.
Law enforcement also has authority to tow vehicles in certain situations. But even then, proper procedures must be followed. If none of these circumstances apply, the tow is likely unlawful.
Conversion is a legal term that means exercising unauthorized control over someone’s property. In simple terms, it’s when someone takes or controls your property without permission and without legal authority to do so. A wrongful tow can constitute conversion.
Under Mississippi law, conversion occurs when someone intentionally takes possession of your personal property—your vehicle—without authority and in such a way as to deny you possession. If a towing company tows your vehicle without lawful authority to do so, that action may be conversion. You don’t have to prove the company intended to deprive you permanently; you only need to show the unauthorized taking and the denial of your possession.
Conversion is important because it can form the basis of a civil lawsuit. You can sue to recover the full value of your vehicle, not just the towing and storage fees.
Some wrongful towing operations use fraud to deprive vehicle owners of their property. Fraud occurs when someone makes a false statement with intent to deceive, and you rely on that false statement to your detriment. In the towing context, fraud might involve false claims about towing authority, false statements about where your vehicle is being held, false storage fees, or false statements about your legal rights.
Mississippi recognizes claims for fraud, and fraudulent towing schemes can expose a towing operator to both civil liability and criminal penalties. If a towing company or the property owner lied to you about why the vehicle was towed, where it is, or what you owe, that deception could support a fraud claim.
Property owners have the right to have vehicles towed from their property under certain conditions. However, they cannot simply authorize any tow they want. The property owner must have proper signage warning about towing, and the vehicle must be in actual violation of posted parking rules or must be parked without permission.
More importantly, a property owner can be held liable for the unlawful conduct of a towing contractor acting on their behalf. If the property owner authorizes or ratifies the wrongful tow, or if the towing company is acting as the property owner’s agent, the property owner shares responsibility. This is crucial because it means you may be able to sue not just the towing company but also the property owner who authorized the tow.
Mississippi law allows you to recover several types of damages in a wrongful towing case. Vehicle value is the primary recovery—you can claim the full fair market value of your towed vehicle. If the vehicle was sold or disposed of, the damages would be the value the vehicle had at the time of the wrongful tow.
Lost income is recoverable if you depended on the vehicle for work. If you drive for a living or use your vehicle in a business, the loss of the vehicle’s use can directly result in lost wages or lost business income. This must be documented and reasonably foreseeable.
Emotional distress may be recoverable in some cases, particularly when the wrongful towing was especially egregious. Courts consider the severity of the conduct and the harm to you.
Punitive damages may be available if the towing operator or property owner acted with malice, fraud, or gross negligence. Punitive damages are meant to punish wrongful conduct and deter similar behavior in the future.
Every civil claim has a deadline for filing. For conversion claims in Mississippi, you generally have three years from the date of the conversion to file suit. For fraud claims, the deadline is also typically three years, but it may run from when you discovered the fraud, not from when it occurred.
These deadlines are strict. If you wait too long, you lose your right to sue, regardless of the strength of your case. This makes it important to consult with an attorney promptly after a wrongful tow.
You should contact a lawyer if your vehicle was towed and you believe the towing was unlawful. Don’t wait. The sooner you report what happened and preserve evidence, the stronger your case becomes. Evidence might include photographs, witness statements, towing paperwork, property signage (or lack thereof), and records of your vehicle’s location when it was towed.
An attorney can investigate whether the tow was legal, identify all parties who may be liable, calculate your damages, and pursue a claim on your behalf. Many towing victims don’t realize they have legal rights and remedies available. Don’t let a wrongful tow go unchallenged.
This article is for informational purposes only and does not constitute legal advice. If you believe you have been a victim of wrongful towing, contact an attorney to discuss your specific situation.
Attorney Advertising. This content is provided by Weldy Law Firm, PLLC, 1530 North State Street, Jackson, Mississippi 39202. (601) 624-7460 | Chris@WeldyLawFirm.com
