2022 Nevada Revised Statutes
Chapter 487 - Repair, Removal and Disposal of Vehicles
NRS 487.039 - Vehicle towed from or immobilized in facility for parking or at direction of owner or person in lawful possession of real property: Owner of vehicle authorized to file complaint for expedited relief to determine whether towing or immobilization lawful; requirements of complaint; limitation; hearing; order of court; operator of facility for storage of towed vehicles to display sign.

1. In addition to the remedy provided pursuant to paragraph (b) of subsection 1 of NRS 4.370 for civil damages, the owner of a vehicle may file a complaint for expedited relief based upon the unlawful towing or immobilization of the vehicle in the justice court of the township where the property from which the vehicle was towed or on which the vehicle was immobilized is located if:

(a) The vehicle is towed pursuant to NRS 487.037 or 487.038 or immobilized pursuant to NRS 487.0385;

(b) The owner of the vehicle believes that the vehicle was unlawfully towed or immobilized;

(c) For a vehicle that was towed, the cost of towing and storing the vehicle does not exceed $15,000; and

(d) The vehicle is being stored or is still currently immobilized as a result of the towing or immobilization.

2. Such a complaint:

(a) Must be filed within 21 calendar days after the towing or immobilization of the vehicle; and

(b) Must be filed against:

(1) The owner or person in lawful possession of the real property or the authorized agent of the owner of the real property who authorized the tow of the vehicle and the tow company which towed the vehicle;

(2) The operator of an off-street parking facility who authorized the tow of the vehicle and the tow company which towed the vehicle; or

(3) The owner or person in lawful possession of a multilevel parking garage or other parking structure who authorized the immobilization of the vehicle.

3. A complaint filed pursuant to subsection 1 that does not meet the criteria in subsections 1 and 2 may be dismissed by the court, without prejudice. Such dismissal does not affect the right of the owner of the vehicle to pursue civil damages.

4. Upon the filing of a complaint pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 7 calendar days after the complaint is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, the constable or a process server licensed pursuant to chapter 648 of NRS upon the person identified in subparagraph (1), (2) or (3) of paragraph (b) of subsection 2.

5. The court shall determine whether the vehicle was lawfully or unlawfully towed or immobilized and:

(a) If the court determines the vehicle was lawfully towed, enter an order declaring the owner of the vehicle liable for the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost.

(b) If the court determines the vehicle was unlawfully towed, enter an order declaring the owner or person in lawful possession of the property or the authorized agent of the owner of the property who authorized the towing liable for the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately.

(c) If the court determines the vehicle was lawfully immobilized, enter an order declaring the owner of the vehicle liable for the cost of removing from the vehicle the boot, wheel clamp or other mechanical device used to immobilize the vehicle and order the person who immobilized the vehicle to remove the boot, clamp or device upon payment of that cost.

(d) If the court determines the vehicle was unlawfully immobilized, enter an order declaring the owner or person in lawful possession of the property who authorized the immobilizing liable for the cost of removing the boot, clamp or device and order the person who immobilized the vehicle to remove the boot, clamp or device from the vehicle immediately.

6. Upon presentation of a certified copy of an order entered pursuant to paragraph (b) or (d) of subsection 5 by the owner of a vehicle, the person storing the vehicle or the person who immobilized the vehicle, as applicable, shall release the vehicle to the owner immediately or remove the boot, clamp or device from the vehicle immediately.

7. The operator of any facility or other location where vehicles which are towed are stored shall display conspicuously at that facility or location a sign which sets forth:

(a) The provisions of this section; and

(b) A statement regarding the availability of assistance from a program for legal aid, self-help center operated or overseen by a court or other similar program in the city or county in which the facility or other location is located.

(Added to NRS by 1995, 1606; A 2003, 852; 2007, 1134; 2015, 948; 2017, 3189; 2021, 1306)