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)
Structure Nevada Revised Statutes
Chapter 487 - Repair, Removal and Disposal of Vehicles
NRS 487.001 - Applicability of chapter to mobile homes.
NRS 487.007 - "State agency" defined.
NRS 487.020 - Report of vehicle showing damage by gunfire.
NRS 487.030 - Penalty for violation of NRS 487.010 or 487.020.
NRS 487.047 - "Automobile wrecker" and "wrecker" defined.
NRS 487.073 - Applicant to furnish information concerning place of business.
NRS 487.080 - Fee for issuance or renewal of license; disposition.
NRS 487.085 - Wrecker to affix legible sign containing name of business.
NRS 487.090 - Operation of vehicles on highway without registration; conditions.
NRS 487.095 - Fees for towing abandoned automobile or vehicle; limitations and exceptions.
NRS 487.165 - Evidence of unfitness of applicant, registrant or licensee.
NRS 487.180 - Presumption of dismantling.
NRS 487.205 - Legislative findings and declaration.
NRS 487.235 - Removal of vehicles abandoned on public lands.
NRS 487.240 - Appraisal of removed abandoned vehicle.
NRS 487.250 - Required notices.
NRS 487.281 - Unlawful abandonment of vehicle.
NRS 487.290 - Unlawful possession of unregistered vehicles unfit for use; exceptions.
NRS 487.440 - Applicant to furnish information concerning place of business.
NRS 487.450 - Fee for issuance or renewal of license to operate salvage pool; disposition.
NRS 487.455 - Operator of salvage pool to affix legible sign containing name of business.
NRS 487.460 - Operation of vehicles on highway without registration; conditions.
NRS 487.478 - Persons prohibited from applying for identifying card described in NRS 487.477.
NRS 487.480 - Sale of vehicle as salvage; operator of pool to provide salvage title to purchaser.
NRS 487.493 - License to issue identifying cards: Qualifications of applicant.
NRS 487.494 - License to issue identifying cards: Bond; deposit in lieu of bond.
NRS 487.495 - License to issue identifying cards: Application; fee; issuance; expiration; renewal.
NRS 487.500 - Records required; inspection.
NRS 487.532 - "Body shop" defined.
NRS 487.540 - "Garage" defined.
NRS 487.545 - "Garage operator" defined.
NRS 487.550 - "Motor vehicle" defined.
NRS 487.553 - "Person authorizing repairs" defined.
NRS 487.5657 - Hearings: Issuance of subpoenas.
NRS 487.604 - "Class A certificate" defined.
NRS 487.606 - "Class A certification" defined.
NRS 487.608 - "Garagekeepers’ insurance" defined.
NRS 487.610 - Unlawful to operate body shop without license; investigation of applicant.
NRS 487.652 - Class A certification: Eligibility.
NRS 487.654 - Class A certification: Regulations.
NRS 487.685 - On-line survey: Completion by body shop; form; contents; availability to public.
NRS 487.686 - On-line survey: Compilation of results; contents of report; availability to public.
NRS 487.687 - Verification of licensure by way of Internet.
NRS 487.68703 - Duties of body shop if motor vehicle towed at request of someone other than owner.
NRS 487.6871 - Display of sign by garage operator and body shop required; penalty.
NRS 487.6873 - Duties of body shop or garage operator on acceptance of vehicle for repair.
NRS 487.6875 - Estimate of costs required for certain repairs.
NRS 487.6877 - Notice of additional charges over estimate required in certain cases.
NRS 487.6879 - Waiver of estimate of costs or notice of additional charges; execution of waiver.
NRS 487.6881 - Duties of owner and insurer upon notification of additional charges.
NRS 487.6883 - Replaced parts to be delivered to person authorizing repairs if requested; exception.
NRS 487.6885 - Records to be retained by body shop or garage operator.
NRS 487.6889 - Certain acts deemed to be deceptive trade practice.
NRS 487.6895 - Violations: Injunctive relief.
NRS 487.6897 - Violations: Civil penalty.
NRS 487.720 - "Cost of repair" defined.
NRS 487.725 - "Electronic components" defined.
NRS 487.730 - "Fair market value" defined.
NRS 487.740 - "Flood-damaged vehicle" defined.
NRS 487.750 - "Motor vehicle" defined.
NRS 487.760 - "Nonrepairable vehicle" defined.
NRS 487.765 - "Rebuilt vehicle" defined.
NRS 487.770 - "Salvage vehicle" defined.
NRS 487.780 - "Title" defined.
NRS 487.790 - "Total loss vehicle" defined.
NRS 487.795 - Rebuilt vehicles: Prerequisites to registration; certificate of inspection.
NRS 487.870 - Removal of total loss salvage vehicle from State; penalty.
NRS 487.880 - Nonrepairable vehicles: Requirements; prohibited acts.