How long can a tow company keep your car in Kansas? As long as the bill is unpaid. State law gives the tow company a lien, so it can hold the vehicle until the towing and storage charges are paid. After the car has been in its possession for 30 days, the company may sell it at public auction, but only after it sends the notices the law requires.
Miller’s Towing & Recovery is based at 4309 S Broadway in Wichita. We get this question from people who are short on cash and worried about losing a car. The answer below comes straight from the Kansas statutes, with a link to each one. It is general information, not legal advice.
How Long Can a Tow Company Keep Your Car? The Kansas Timeline
Two statutes control the clock: K.S.A. 8-1103, which creates the lien, and K.S.A. 8-1104, which sets the notice steps before a sale.
| When | What the law says |
|---|---|
| Day of the tow | The tow company has a lien for the full value of its service. The driver, if available, must get written notice that storage will be charged. |
| Within 15 days | If the owner’s name is known, the company must give notice that the vehicle is being held under the lien. |
| Within 30 days | A company that plans to sell must ask the state Division of Vehicles to verify the last registered owner and any lienholders. |
| After 30 days in possession | The vehicle may be sold to pay the charges, unless a court has ordered it held as evidence. |
| Within 15 days of getting the verification | Notice must go by certified mail to the registered owner and any lienholders. |
| 15 days after that mailing | If the amount due is not paid, the vehicle can be sold. |
| At least 7 days before the auction | Notice of the auction must be published in a newspaper. |
So the short answer to how long can a tow company keep your car is 30 days, plus the time it takes to finish the notice steps. K.S.A. 8-1105 adds that every sale under this law is a public auction, for cash.
What the Lien Means for You
A lien is a legal claim on property until a debt is paid. It is the reason the first answer to how long can a tow company keep your car is “until you pay.” K.S.A. 8-1103 calls it “a first and prior lien on the vehicle.” It applies when the tow was ordered by a law enforcement officer, requested by the owner, or done under a city ordinance such as Wichita’s private property towing rules.
In practice, three things follow:
- The yard does not have to release the car until the charges are paid or you make payment arrangements the company accepts.
- Storage keeps adding to the bill each day the car sits.
- If the car is never claimed, the company can sell it to cover what is owed.
Notices the Tow Company Must Send
The law does not let a car simply vanish. Before a sale, the registered owner and any lienholder, such as the bank that financed the car, must be mailed notice by certified mail. The notice has to say that the vehicle will be sold if the amount due is not paid within 15 days of the mailing date.
Two rules protect owners when notice is skipped:
- Storage notice. K.S.A. 8-1103(b) says that if the driver was available and did not get written notice that storage would be charged, the lien for the storage fee is not valid.
- Any required notice. K.S.A. 8-1108 says a failure to give a required notice stops storage fees from being charged until the notice rules are followed.
Make sure the address on your registration is current. Certified mail goes to the address the state has on file. If you moved and did not update it, the notice can go to your old house.
What 30 Days of Storage Can Cost in Wichita
The real pressure is not the auction. It is the daily storage charge. For tows from private property, the Wichita City Council approved a storage cap of $36 a day, as KSN reported. At that rate:
- 7 days of storage is $252
- 14 days is $504
- 30 days is $1,080
That is before the tow itself. On an older car, the bill can pass the value of the vehicle well before day 30. Our article on what a tow release costs in Wichita lists the other charges to expect.
How to Keep Your Car From Being Sold
Knowing how long can a tow company keep your car gives you a deadline. These seven steps help you beat it.
- Find the car today. Use our steps to find a towed car in Wichita.
- Ask for the total in writing. Get the tow charge, the daily storage rate, and the date storage started.
- Pay and pick it up as early as you can. Bring current registration and a photo ID. See the full list in what you need to get your car out of impound.
- If you cannot pay in full, ask about arrangements. The statute lets a company release property when “satisfactory arrangements for payment have been made.” That is up to the company.
- Ask about the city payment plan if Wichita police impounded the car. It has a short deadline to apply.
- Call your lender if the car is financed. The lienholder gets notice too and has its own reasons to keep the car from going to auction.
- Get your belongings out. Property left in the car can be sold with it. Read how to get belongings out of a towed car in Kansas.
Cars Held as Evidence Are Different
If a court orders a vehicle held for a criminal investigation or as trial evidence, the 30 day sale rule does not apply. K.S.A. 8-1103 says that order must be in writing, and the court decides who pays the storage that built up while the car was held.
Questions About How Long a Tow Company Can Keep Your Car
Can a tow company keep my car if I cannot pay?
Yes. The lien lets the company hold the vehicle until the charges are paid or arranged.
Can a tow company sell a car that has a loan on it?
The law requires the company to notify lienholders by certified mail before a sale. Call your lender as soon as the car is towed so they know where it is.
How will I know my car is about to be sold?
You should get a certified letter at the address on your registration, and notice of the auction must be published at least seven days ahead.
How long can a tow company keep your car before storage is charged?
Storage can be charged from the day the car arrives at the yard, as long as the driver, if available, was given written notice that a storage fee applies.
Can a tow company take my car out of Kansas?
Not without consent from the owner or driver, the owner’s motor club, or the insurance company handling the claim. That rule is in K.S.A. 8-1103(d).
Where can I read all the rules?
Our summary of Kansas towing laws covers the nine rules drivers ask about most.
Need the Car Moved Once It Is Released?
Now you know how long can a tow company keep your car in Kansas and what the notices mean. If your car is in a storage yard and will not run, Miller’s Towing & Recovery can move it from the tow yard to a shop or to your home. Call 316-351-4754 any time. See all of our towing services in Wichita, KS or use the contact page.