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S. B. No. 2888 *SS26/R960* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2888
AN ACT TO BRING FORWARD SECTION 85-7-251, MISSISSIPPI CODE OF 1
1972, WHICH AUTHORIZES THE STORAGE AND SALE OF CERTAIN TOWED 2
VEHICLES, FOR THE PURPOSES OF AMENDMENT OR POSSIBLE REPEAL RELATED 3
TO DUE-PROCESS CONCERNS; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 85-7-251, Mississippi Code of 1972, is 6
brought forward as follows: 7
85-7-251. (1) The owner of a motor vehicle that has been 8
towed at his request or at the direction of a law enforcement 9
officer, or towed upon request of a real property owner upon whose 10
property a vehicle has been left without permission of the real 11
property owner, shall be liable for the reasonable price of towing 12
and storage of such vehicle; and the towing company to whom the 13
price of such labor and storage costs may be due shall have the 14
right to retain possession of such motor vehicle until the price 15
is paid. 16
(2) Within twenty-four (24) hours, the towing company shall 17
report to the local law enforcement agency having jurisdiction any 18
vehicle that has been towed unless the vehicle was towed at the 19
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request of the owner of the vehicle. If the owner of a towed 20
vehicle has not contacted the towing company within five (5) 21
business days of the initial tow, the towing company shall obtain 22
from the appropriate authority the names and addresses of any 23
owner and lienholder. If the information from the appropriate 24
authority fails to disclose the owner or lienholder, a good faith 25
effort shall be made by the towing company to locate ownership, 26
including a check for tag information, inspection sticker, or any 27
papers in the vehicle that may indicate ownership. Upon location 28
of the owner and lienholder, the towing company shall notify them 29
by registered mail of the amount due for towing, postmarked no 30
later than the tenth day following the initial tow. If such 31
amount shall not be paid within thirty (30) days from the initial 32
tow, the towing company to whom such charges are payable shall 33
notify by certified mail any legal owner and holder of any lien, 34
as disclosed by the motor vehicle title records or other 35
investigation, of notice of sale of the property. If such 36
property has not been redeemed within ten (10) days after the 37
mailing of the certified letter, the towing company may commence 38
sale of the property at public auction. The towing company shall 39
publish for two (2) consecutive weeks a notice of sale in the 40
newspaper having circulation in the county where the vehicle was 41
initially towed. The proceeds of the sale of such property in 42
excess of the amount needed to pay the towing, reasonable storage 43
and necessary expenses of the procedures required by this section 44
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ST: Towing, storage and sale of vehicles; bring
forward code section related to.
shall be held by the towing company for a period of six (6) 45
months, and, if not reclaimed by the owner thereof within such 46
time, shall become the property of the county and be paid to the 47
chancery clerk of the county in which the sale was held to be 48
deposited into the county general fund, subject, however, to any 49
rights of the recorded lienholder. 50
(3) The failure to make a good faith effort to comply with 51
the requirements of this section shall preclude the imposition of 52
any storage charges or towing charges against the towed vehicle. 53
(4) Every towing company shall maintain accurate records for 54
a period of three (3) years, which records shall identify the 55
vehicles it has towed and stored and all procedures that it has 56
taken to comply with the provisions of this chapter. 57
SECTION 2. This act shall take effect and be in force from 58
and after July 1, 2026. 59