§ 108.353 — Contesting validity of lien on motor vehicle

Nevada § 108.353

• Jurisdiction: Nevada
• Title 9: SECURITY INSTRUMENTS OF PUBLIC UTILITIES; MORTGAGES
• Ch. 108: Statutory

Text

1. Except as otherwise provided in subsection 7, a person contesting the validity of a lien on a motor vehicle may file, in addition to any other civil action authorized by law, a notice of opposition to the lien in the justice court in the jurisdiction where the motor vehicle is located. A person may file a notice of opposition within 7 calendar days after receiving a notice of lien and must include the facts supporting the opposition. The person filing the notice shall serve copies of the notice upon the lien claimant and the Department of Motor Vehicles.
2. Upon the filing of the notice of opposition to the lien, the justice of the peace shall schedule a hearing on the notice, which must be held not later than 14 calendar days after service of the notice but not sooner than 5 calendar days after service of the notice. The justice of the peace shall affix the date of the hearing to the notice and order that a copy be served upon the lien claimant within 5 calendar days after the date of the order.
3. The justice of the peace shall:
(a) Dismiss the objections to the lien claim;
(b) Declare the lien invalid and issue a writ of possession; or
(c) Declare the amount of the lien if the amount of the lien is different from that described by the lien claimant.
Ê A lien is invalid if a body shop or garage operator fails to comply with the provisions of subsection 1 of NRS 487.567 , NRS 487.6875 or 487.6877 .
4. If a writ of possession is issued pursuant to paragraph (b) of subsection 3, the writ must:
(a) Be directed to the sheriff within whose jurisdiction the motor vehicle is located;
(b) Describe the motor vehicle to be seized and specify the location where, as determined by the justice of the peace from all the evidence, there is probable cause to believe the motor vehicle will be found; and
(c) Direct the levying office to seize the motor vehicle if it is found and return the motor vehicle to the registered owner.
5. The scope of a notice of opposition to a lien filed pursuant to this section is limited to judicial review of the procedures set forth in subsection 1 of NRS 487.567 , NRS 487.6875 and 487.6877 , the reasonableness of storage costs and compliance with the notice provisions of this section and NRS 108.265 to 108.367 , inclusive.
6. After receipt of a notice of opposition to a lien or other notice pursuant to any proceeding to contest the validity of a lien on a motor vehicle, the Department of Motor Vehicles shall not transfer the title to the motor vehicle that is subject to the lien until the matter has been adjudicated.
7. This section does not:
(a) Affect the rights of a secured party pursuant to chapters 104 to 104C , inclusive, of NRS.
(b) Apply to a lien asserted by the operator of a tow car holding a certificate of public convenience and necessity issued pursuant to NRS 706.4463 .
8. As used in this section:
(a) “Body shop” has the meaning ascribed to it in NRS 487.532 .
(b) “Garage operator” has the meaning ascribed to it in NRS 487.545 .

Legislative History

(Added to NRS by 2021, 2132 )