Legal Question in Credit and Debt Law in Nevada
automobile towing and charges
My son was at school using my car, when he left to come home i decided to donate the car to charity. I had to get the a new title so it took a couple of weeks. He asked the apt manager where he had stayed if he could leave it there until he got the title. The apt changed ownership without our knowledge, and the new owners had the car towed. We have since found out the towing compay wants $800 for towing and daily holding fees. The car is not worth that much money. My question is what happens if I do not claim the car. They can keep it for all I'm concerned. They say I still owe them. They said they would auction the car, and have a collection agency get the rest of the money the car did not cover. Can they do that? and what can i do? The car is not worth the money they are asking.
1 Answer from Attorneys
Re: automobile towing and charges
NRS 487.039 Vehicle towed from private property: Filing of civil action to determine whether towing lawful; limitation; scheduling of
hearing; order of court; operator of facility for storage of towed vehicles to display sign.
1. If the owner of a vehicle which is towed from private property upon the request of the owner of the private property or a person in lawful
possession of that property believes that the vehicle was unlawfully towed, he may file a civil action pursuant to paragraph (b) of subsection 1
of NRS 4.370 in the justice�s court of the township where the private property is located, on a form provided by the court, to determine whether
the towing of the vehicle was lawful.
2. An action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed $7,500.
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 7 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 person who authorized the towing of the vehicle.
4. The court shall:
(a) If it determines that the vehicle was:
(1) 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; or
(2) Unlawfully towed, order the person 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
(b) Determine the actual cost incurred in towing and storing the vehicle.
5. The operator of any facility or other location where vehicles which are towed from private property 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)
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