If your car has been towed unlawfully, you may file a Complaint for Unlawful Towing (link to form) with the appropriate court.  Prior to doing so, you may wish to read the answers to the following questions:

• When may a vehicle be lawfully towed?
• Where can the complaint be filed?
• Who is the proper defendant in the complaint?
• How is the complaint to be served?
• When is the court to schedule a hearing?
• What can the court do at the hearing?

When may a vehicle be lawfully towed?

If the land is residential property with a single-family home on it, the owner or person in lawful possession of it may tow a vehicle if:

A.  It is parked in an unauthorized manner on the property;

B. The use a tow car operator subject to the jurisdiction of the Nevada Transportation Authority; and

C.  They call the police and inform the police of:                       

(i) The time the vehicle was removed;

(ii) The location from which the vehicle was removed; and

(iii) The location to which the vehicle was taken.  NRS 487.038  

If the land is commercial property or an apartment complex, the owner or person in lawful possession of it may tow a vehicle if, in addition to the above requirements,

D.  A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner or the vehicle is parked in a handicap space; and

E.  The sign shows the telephone number of the police department or sheriff’s office.  NRS 487.038  

If the vehicle was towed from a parking facility, the owner must comply with all of the above requirements but, if the vehicle is being towed for nonpayment of a fee, the owner must wait 24 hours after the expiration of the time period for which the fee was paid.  See NRS 487.037  

Where can the complaint be filed?

The complaint must be filed in the justice court of the township where the property from which the vehicle was towed is located and only if the costs of towing and storing the vehicle is less than $10,000.

Who is the proper defendant in the complaint?

The owner or the person in lawful possession of the property (i.e. if they are renting the property) who authorized the towing of the vehicle.

How is the complaint to be served?

The court shall order the complaint served by the sheriff, constable or other process server upon the defendant.  Proof of service must be filed.

When is the court to schedule a hearing?

Not later than 4 business days after the action is filed.

What can the court do at the hearing?

The court is required to determine if the vehicle was lawfully towed and the costs of towing/storing the vehicle.  If it was:

1. Lawfully towed, the court may order the Plaintiff 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; or
2. Unlawfully towed, the court may 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 and order the person who is storing the vehicle to release the vehicle to the owner immediately; and

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.