What Can I Do About an Overdue California Post-Storage Tow Hearing?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
The police towed my registered motorhome without giving me any warning, saying it was abandoned when it had only been there for 45 minutes. I asked for a hearing, which is supposed to happen within 48 hours. It has been 72 hours, and I still have not heard from them. What should I do?
Attorney Answer
A 48-hour hearing deadline that has already stretched to 72 hours is worth raising immediately, in writing, today.
California law gives vehicle owners the right to a post-storage hearing to challenge whether a tow and impound were legally justified. Under Vehicle Code section 22852, once you request that hearing, the agency generally must provide it within 48 hours, not counting weekends and holidays. If more than 48 business hours have genuinely passed without a hearing or any response, that delay itself is worth documenting and raising, since it may affect the storage fees you can be charged while you wait.
Separately, the "abandoned" justification is worth examining closely. California law authorizes removal of a vehicle as abandoned, or left standing on public property, typically after it has been there 72 hours or more, along with several other specific grounds such as blocking traffic or expired registration. If your motorhome had genuinely only been parked for 45 minutes and none of those other specific grounds applied, that is a real basis to challenge the tow at your hearing.
What to do right now:
1. Call the impounding agency, such as the police department's records or hold division, directly and ask for the status of your hearing request; get a name and reference number for the call. 2. Follow up in writing, by email or fax, with a copy for yourself, demanding the hearing under Vehicle Code section 22852 and noting the date and time you first requested it. 3. Ask the storage yard for an itemized daily storage bill so you can track what you are being charged while this delay continues. 4. If the agency still does not respond, ask a local attorney whether a formal written demand or a court filing is warranted to compel the hearing and address the mounting storage fees. 5. Keep copies of everything: your original hearing request, any confirmation, and all communications going forward.
Because towing rules involve specific factual questions about exactly why the officer removed your vehicle, this is general legal information, not legal advice. A California attorney familiar with vehicle impound disputes can review your specific facts and advise you on next steps.
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Frequently Asked Questions
What counts as an abandoned vehicle under California law?
It generally means a vehicle left standing on a highway or public property for 72 hours or more, among other specific grounds for removal listed in the Vehicle Code. A vehicle parked only 45 minutes would not typically meet that standard on its own.
Who pays the storage fees while I wait for my hearing?
This can depend on the outcome of the hearing and how long the agency delayed. Keep an itemized bill from the storage yard so an attorney can evaluate whether the delay itself affects what you owe.
What happens if the agency never gives me a hearing?
Failing to provide a timely post-storage hearing is a real problem for the agency's position, and an attorney can advise on options ranging from a formal demand letter to a court filing to compel compliance.
