2020 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 civil action to determine whether towing or immobilization lawful; limitation; scheduling of hearing; order of court; operator of facility for storage of towed vehicles to display sign.

1. If a vehicle is towed pursuant to NRS 487.037 or 487.038 or immobilized pursuant to NRS 487.0385 and the owner of the vehicle believes that the vehicle was unlawfully towed or immobilized, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 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, on a form provided by the court, to determine whether the towing or immobilizing of the vehicle was lawful.

2. An action relating to a vehicle that was towed may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed $15,000.

3. Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 4 working days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing or immobilization of the vehicle.

4. The court shall, if it determines that the vehicle was:

(a) Lawfully towed, order the owner of the vehicle to pay 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) Unlawfully towed, order the owner or person in lawful possession of the property who authorized the towing to pay the cost of towing and storing the vehicle, order the person who is storing the vehicle to release the vehicle to the owner immediately and determine the actual cost incurred in towing and storing the vehicle;

(c) Lawfully immobilized, order the owner of the vehicle to pay 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; or

(d) Unlawfully immobilized, order the owner or person in lawful possession of the property who authorized the immobilizing to pay 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.

5. 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 the provisions of this section.

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