1 Exhibit 5.1 LAW OFFICES Nelson Mullins Riley & Scarborough, L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP 999 PEACHTREE STREET, N.E. FIRST UNION PLAZA SUITE 1400 Atlanta, Georgia 30309 TELEPHONE (404) 817-6000 FACSIMILE (404) 817-6050 www.nmrs.com June 24, 1999 Towne Services, Inc. 3950 Johns Creek Court Suite 100 Suwanee, Georgia 30024 We have acted as counsel to Towne Services, Inc. (the "Company") in connection with the filing of a Registration Statement on Form S-1 (Reg. No. 333-76859) and this Registration Statement on Form S-1 (together, the "Registration Statement") under the Securities Act of 1933, covering the offering of up to 5,175,000 shares (the "Shares") of the Company's Common Stock, no par value per share. In connection therewith, we have examined such corporate records, certificates of public officials and other documents and records as we have considered necessary or proper for the purpose of this opinion. Based on the foregoing, and having regard to legal considerations which we deem relevant, we are of the opinion that the Shares, when issued and delivered as described in the Registration Statement, will be legally issued, fully paid and nonassessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to our firm under the caption "Legal Matters" in the Prospectus contained in the Registration Statement. Very truly yours, /s/ Nelson Mullins Riley & Scarborough, L.L.P. Nelson Mullins Riley & Scarborough, L.L.P.