Nevada Code § 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
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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.

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