National Tow & Road Service, Inc. v. Integrity Insurance (1986)
Citation: 102 Nev. 189, 717 P.2d 581 · Court: Supreme Court of Nevada · Decided: May 1, 1986. Full opinion retrieved from HallApproved, an unofficial court-opinion reproduction.
Facts
At police request the tower removed/stored a Nissan, then unsuccessfully sought ownership information. It published three auction notices and bought the car itself, but did not give DMV pre-auction notice. A later search disclosed the car had been embezzled from a dealer; DMV refused title. The tower sued and opposed returning the car despite an offer to pay charges. 102 Nev. at 189–190.
Holding
Affirmed summary judgment against the tower. The statute required written DMV notice before auction; late notice did not cure the omission, and the tower’s auction was void. On the cross-appeal, mandatory costs under NRS 18.020 did not apply: this was an ownership dispute, not the qualifying possession action. The court found no abuse in denying discretionary costs under NRS 18.050 or attorney fees under NRS 18.010. 102 Nev. at 190–191.
Reasoning
The lien statute’s plain notice requirement controlled. Timely DMV involvement would have produced additional ownership information before sale, avoiding the dispute. A failed initial ownership inquiry did not eliminate the statutory pre-sale notification step. 102 Nev. at 190–191.
Practical impact
Preserve pre-sale DMV notice evidence and ownership searches independently of publication proof. This purchaser was the lien claimant itself; the opinion does not adjudicate every innocent downstream buyer’s protection under current NRS 108.350. Current notice/packet rules are separately sourced in nevada. 102 Nev. at 190–191.
Good-law status
The full holding and current NRS108 were reviewed; this is not an exhaustive still-good-law certificate. malco-v-century-towing-nv-m12-2018 expressly distinguishes this case where an innocent subsequent buyer acquired the vehicle before the owner asserted its claim; it also cites this case concerning pre-sale DMV notice. That unpublished order does not erase this case’s holding against the lien claimant buying at its own defective sale. Do not substitute the 1986 statute excerpt for current exceptions or extend the holding to all downstream buyers. Full signed Malco order, unofficial host, current NRS108.310/.350.
Applies in →
nevada · towing-storage-and-mechanics-lien-sales · motor-vehicles
Legal information, not legal advice. Verify current law and later treatment against primary sources and consult a licensed attorney before acting.