Car

My car was towed or booted and I think it was illegal

Nevada has a fast-track court hearing, held within 7 days of filing, that decides whether a private tow or boot was legal and who pays for it. You have 21 calendar days from the tow or boot to file.

What to do first

1. Find the car. Whoever has a car towed from private property has to tell the police or sheriff when it was taken, where it was taken from and where it went (NRS 487.037(3), 487.038(2)), so the police should be able to tell you which yard has it.

2. Get proof before it disappears. Photograph the spot where you parked, every parking sign (or the lack of one), any sticker or warning that was put on your car, and the tow bill. Run the bill through the tow bill checker.

3. Check whether the tow or boot broke the rules. Use the list under "When a tow or boot is not allowed" below. If the property followed every rule, the court will make you pay the towing and storage.

4. File the Affidavit of Complaint for Unlawful Towing or Immobilization within 21 calendar days in the justice court for the township where the property is (NRS 487.039(1), (2)(a)). This fast track only works while the car is still in storage or still booted, and only if the towing and storage bill is $15,000 or less (NRS 487.039(1)(c)–(d)).

5. Have the papers served and go to the hearing. The court writes the hearing date on your form. A sheriff, constable or licensed process server has to deliver it to the people you named (NRS 487.039(4)). File the proof of service before your hearing.

When a tow or boot is not allowed

Any private lot. The property needs a sign in plain view saying parking is banned or limited, and the sign has to show the police or sheriff's phone number (NRS 487.038(1)). The owner of the property, or an agent the owner authorized, has to sign a specific request for the tow. The tow company does not count as that agent, except under a contract at an apartment complex (NRS 706.4477(1)(a), (2)). A police officer can order the tow stopped (NRS 706.4477(1)(d)). Two exceptions: no sign is needed at a single-family home (NRS 487.038(4)), or when a car is in a disabled space without the right plate or placard (NRS 487.038(3)).

Paid parking lots. The lot cannot tow you within 24 hours after your paid time ran out. It also cannot tow you if, when you parked, nobody was there to take payment and there was no way to pay, or if the pay machine didn't give a ticket or time-stamped slip (this last rule doesn't cover government lots). If you could have bought a ticket and didn't, the lot can tow (NRS 487.037).

Apartments, condos and townhomes. A car can be towed only for a parking violation, for having no registration in Nevada or any other state, for blocking a fire hydrant, fire lane or disabled space, or for creating an immediate threat to residents' health or safety, such as parking in a space marked for a specific resident (NRS 706.4477(2)(b)). For a parking violation or no registration, a sticker with the date and time of the tow has to go on the car at least 48 hours ahead. The sticker can be skipped if your car already got one at the same complex for the same kind of reason, or 3 or more times there in the last 6 months (NRS 706.4477(2)(a)). A car cannot be towed just because its registration is expired, and the tow company cannot charge for a tow like that (NRS 706.4477(2)(c)).

Boots. A boot or wheel clamp is only allowed in a multilevel garage or parking structure run by or for a resort hotel with a nonrestricted gaming license. Each level needs a sign with the parking rules, a notice about this court procedure, the police or sheriff's number, and how to get the boot off and what it costs. Removal can cost no more than $100, and a car in a disabled space cannot be booted (NRS 487.0385).

Deadlines and limits

What	Rule	Source
File your affidavit of complaint	Within 21 calendar days after the tow or boot	NRS 487.039(2)(a)
Hearing	No later than 7 calendar days after you file	NRS 487.039(4)
Size of the claim	Towing and storage costs of $15,000 or less	NRS 487.039(1)(c)
Storage charges	None until 48 hours after the car arrives and is logged in at the yard (after hours, the 48 hours start when the yard next opens)	NRS 706.4477(6)
Boot removal	$100 at most, all charges included	NRS 487.0385(2)

Read off the Nevada Revised Statutes, chapters 487 and 706. Count calendar days, weekends included. If your complaint doesn't meet these requirements, the court can dismiss it, but you can still sue for damages separately (NRS 487.039(3)).

Who you have to name

For a tow from private property: the property owner, the person lawfully in possession (like a tenant), or the owner's authorized agent who approved the tow, and the tow company.
For a tow from a parking lot or garage: the operator of the lot who approved the tow, and the tow company.
For a boot: the owner or person in lawful possession of the garage who approved it.

NRS 487.039(2)(b).

Forms

Affidavit of Complaint for Unlawful Towing or Immobilization — fillable PDF · instructions. Free paper copies at the Self-Help Center.

Application to Waive Filing Fee (justice court) — if you can't afford the filing fee: Las Vegas · Henderson · North Las Vegas. More on fees and waivers: Filing Fees and Waivers.

How to fill out and file court forms — Basics of Court Forms and Filings.

Where to file

Las Vegas Justice Court, Civil Division — Regional Justice Center, 200 Lewis Ave, 2nd floor. 702-671-3478. Monday to Thursday, 7am to 5pm. Closed Fridays. Every civil filing here has to be electronic: e-file from home through File and Serve for a fee, or e-file free at the courthouse. Filing fee: court fee schedule.

Henderson Justice Court — 243 S. Water St, Henderson. 702-455-7977.

North Las Vegas Justice Court — 2428 N. Martin Luther King Blvd, North Las Vegas. 702-455-7801.

Anywhere else in Clark County — every township has its own justice court. Find yours on the Self-Help Center's Justice Courts page. For service, see its Constables & Sheriffs list.

What the judge can order

If the judge finds the tow or boot was	Then
Legal	You pay the towing and storage (or the boot removal), and you get the car back once you pay.
Illegal	The person who approved the tow or boot pays, and the car is released to you, or the boot taken off, immediately.

NRS 487.039(5). Take a certified copy of an order in your favor to the yard or the garage. They have to release the car or remove the boot right away (NRS 487.039(6)).

Free help

Civil Law Self-Help Center — Regional Justice Center, 200 Lewis Ave, 1st floor. Free copies of the towing affidavit and help with the forms.

Legal Aid Center of Southern Nevada — 725 E. Charleston Blvd. 702-386-1070.

Nevada Transportation Authority — regulates tow companies. To complain about a tow company's conduct or charges, contact the NTA.

Good to know

This fast-track hearing is on top of your right to sue for damages, not instead of it (NRS 487.039(1)). If a tow company tows in violation of NRS 706.4477, or charges for a tow that section doesn't allow, you can sue the tow company for what it cost you, lost income included (NRS 706.4477(9)(b)). Every storage yard has to post a sign explaining this procedure and where to get free legal help (NRS 487.039(7)).