What is the 5-day notice rule in Texas?

Under Texas Occupations Code § 2303.151, if your vehicle is registered in Texas, the Vehicle Storage Facility (VSF) must mail written notice to the registered owner within 5 business days of taking possession. If the vehicle is registered out of state, they have 14 days. Failure to comply can affect their right to collect storage fees.

How do I know if they missed the 5-day deadline?

Check the postmark on the envelope they sent you (if you still have it). Compare that date to the date your car entered the lot (shown on your impound receipt). If the postmark is more than 5 business days after the impound date, they may have missed the deadline.

What happens if the VSF didn't send notice on time?

If they failed to send timely notice, they may forfeit their right to collect some or all storage fees. This is a strong argument to bring to a tow hearing. The judge can reduce or eliminate fees if proper notice wasn't provided.

What if I never received a notice at all?

The VSF is required to send notice to the address on your vehicle registration. If they sent it to the wrong address or never sent it, that's a violation. Request copies of their certified mail records. If they can't prove they sent it, you have strong grounds for fee reduction.

Can I still contest fees if I missed the 14-day hearing deadline?

If you missed the 14-day deadline to request a hearing, your options are limited. You can still file a complaint with TDLR for violations, but you likely cannot get a court hearing to reduce fees. However, if the VSF never sent proper notice, the 14-day clock may not have started.

What other violations should I look for?

Check for: fees higher than posted rates, charges for services not rendered, incorrect vehicle information, failure to provide itemized receipts, and requiring documents (like insurance) that aren't legally required. Any of these can be contested.

Is the Impound Lot Overcharging You? The 5-Day Notice Rule Explained

Texas law requires tow yards to send you notice within 5 business days. If they missed that deadline, they may have forfeited their right to collect storage fees. Use this at your tow hearing.

Last verified: January 2026 | Based on Texas Occupations Code § 2303.151

The 5-Day Notice Rule

Under Texas Occupations Code § 2303.151, Vehicle Storage Facilities (VSFs) have strict notification requirements:

Texas-Registered Vehicles

5 Days

Notice must be mailed within 5 business days of the vehicle entering storage.

Out-of-State Vehicles

14 Days

Vehicles registered in other states get a 14-day window.

Why This Matters

If the VSF failed to mail notice within the required timeframe, they may forfeit the right to collect storage fees that accrued during the period they were non-compliant. This is your leverage at a tow hearing.

Storage Fee Audit Checklist

Use this checklist to identify potential violations and overcharges:

1Notice Timeline

Did you receive a notice letter?

If not, they may have violated notice requirements.

Check the postmark date on the envelope

Must be within 5 business days of impound (14 for out-of-state).

Compare postmark to your tow receipt date

Count business days only (exclude weekends/holidays).

Is your address on the notice correct?

If they sent it to wrong address, that's a violation.

2Notice Content

Description of your vehicle

Year, make, model, VIN should be accurate.

Location where vehicle is stored

Full address should be included.

Facility contact information

Phone number and business hours required.

Amount of accrued charges

Should be itemized and match posted rates.

Your rights regarding the vehicle

Including how to request a hearing.

3Fee Verification

Compare charged rates to posted rates

Check signage at lot entrance.

Verify tow fee matches receipt

Should match what wrecker company charged.

Calculate storage days correctly

Should start from actual impound date, not before.

Look for mystery fees

Admin fees, gate fees, etc. must be disclosed.

Request itemized receipt

You're entitled to see exactly what you're being charged for.

How to Check If They Missed the Deadline

Find Your Tow Receipt

Look for the date your vehicle was impounded. This is usually printed at the top of the receipt or on the police report.

Find the Envelope They Sent

If you still have the envelope the notice came in, look for the USPS postmark stamp showing the date it was mailed.

Count Business Days

Count forward from the impound date, skipping Saturdays, Sundays, and state holidays. The postmark should fall within 5 business days.

Document Everything

Take photos of the envelope showing the postmark, the notice letter, and your tow receipt. This is your evidence for a hearing.

Don't Have the Envelope?

At a tow hearing, you can request the VSF provide their certified mail records showing when notice was sent. If they can't produce proof of timely mailing, the burden is on them.

Example: Did They Miss the Deadline?

The Scenario

Vehicle impounded: Monday, January 6, 2026
Postmark on envelope: Monday, January 20, 2026
Days charged: 14 days storage

The Count

Day 1: Tuesday, Jan 7
Day 2: Wednesday, Jan 8
Day 3: Thursday, Jan 9
Day 4: Friday, Jan 10
(Skip Jan 11-12, weekend)
Day 5: Monday, Jan 13
Deadline: January 13, 2026

VIOLATION FOUND

Notice was mailed January 20 — 7 days late. The VSF missed the deadline by a full week. You may be entitled to reduction of storage fees at a tow hearing.

Found a Violation? Here's What to Do

If Still Within 14 Days

File a tow hearing request immediately
Bring your evidence (envelope, receipt, photos)
Present the deadline violation to the judge
Request reduction or elimination of storage fees

How to file a tow hearing

If Past 14 Days

File a complaint with TDLR anyway
Document all violations for the record
Consider consulting an attorney
May have grounds for civil action for damages

File TDLR complaint

At the Hearing

Present your evidence calmly and factually: "Your Honor, the vehicle was impounded on [date]. Under Texas Occupations Code § 2303.151, notice was required within 5 business days by [date]. The postmark on this envelope shows it was mailed on [later date], [X] days past the deadline. I'm requesting that storage fees be reduced accordingly."

Frequently Asked Questions

Sources & Official Resources

Related Texas Guides

Texas Impound Overview Tow Hearing Guide No Insurance Release

Need Help With Your DWI Case?

A DWI attorney can help you identify VSF violations, represent you at tow hearings, and potentially recover overpaid fees.

Find DWI Attorneys