In Arkansas, the Arkansas Towing and Recovery Board (ATRB) under the Department of Labor and Licensing handles disputes with licensed towing companies. Start by contacting the tow company owner directly to resolve the issue. If unresolved, call the ATRB office to speak with an investigator or submit a formal Complaint Form. This process applies to licensed operators; local city or county ordinances may address fee caps or signage separately and are not covered here.
Personal property items from an impounded vehicle can be retrieved at no cost, and releasing the vehicle stops further storage charges. Arkansas Code § 27-50-1208 requires tow firms to send possessory lien notice to owners and lienholders within 8 business days after receiving the vehicle.
What Controls Towing Fee Disputes in Arkansas
The Arkansas Towing and Recovery Board (ATRB) regulates licensed tow operators and provides the primary complaint process for fee disputes. Tow companies must follow state rules, including the possessory lien notice requirement under Arkansas Code § 27-50-1208.
ATRB guidance confirms that consumers can retrieve personal items from impounded vehicles without paying fees, and paying to release the vehicle halts additional storage charges.
Step-by-Step Dispute Process with ATRB
Step 1: Contact the tow company owner directly to discuss the disputed fees. ATRB requires this before filing a complaint.
Step 2: If the issue remains unresolved, call the ATRB office to speak with an investigator.
Step 3: Submit the formal Complaint Form available on the ATRB site.
Gather supporting evidence such as the tow receipt, photos of the vehicle and signage, payment records, and any communications with the tow company.
| Action | Evidence to Gather | Next If Unresolved |
|---|---|---|
| Contact tow company owner | Tow receipt, photos | Call ATRB investigator |
| Call ATRB office | Communications records | Submit Complaint Form |
| Submit Complaint Form | All prior evidence | Consider small claims court |
Escalation to Small Claims Court
For disputes not resolved through ATRB, use Arkansas small claims court as outlined in the Arkansas Attorney General Guide to Small Claims Court. Complete the complaint form and pay the $30-$65 filing fee. Serve the summons via certified mail, sheriff, or personal delivery.
Post-judgment, collect via writ of garnishment, where the employer or bank has 10 days to file an answer and withholds a maximum of 25% of net disposable income. Execution is available if needed. Use this option after exhausting the ATRB process and when the amount justifies the fees.
What Does Not Control Towing Fee Disputes
Credit card chargebacks do not apply to towing fees under ATRB or state towing rules. Federal FTC rules lack a direct link to these disputes. Local city or county ordinances may set separate fee limits or signage requirements; check those directly. Hospital-specific towing rules under 20 CAR § 434-104 apply only to Arkansas State Hospital property.
FAQ
How do I retrieve personal items from a towed vehicle without paying fees?
ATRB states personal property items are retrievable from impounded vehicles at no cost.
What if the tow company ignores the 8-business-day lien notice requirement?
Include this in your evidence when contacting the tow company owner or filing an ATRB complaint.
Can I dispute fees before paying to get my vehicle back?
ATRB process starts with contacting the tow company; paying to release stops storage charges, but disputes can proceed separately.
Does ATRB handle unlicensed towers?
ATRB oversees licensed operators; unlicensed cases may require local authorities.
What are the next steps after filing a small claims judgment?
Pursue collection via writ of garnishment (10-day answer period) or execution as needed.