Improper Tow / Abandoned Vehicle Procedure (Neb. Rev. Stat. §60-1901 to §60-1911)
Nebraska's Disposition of Personal Property Landlord and Tenant Act and Neb. Rev. Stat. §60-1901 through §60-1911 (abandoned vehicles) regulate non-consensual towing. Required: (1) Property must be conspicuously posted with tow policy at every entrance (§60-1903); (2) Tow company must notify Nebraska Department of Motor Vehicles within 7 days; (3) Owner must be sent notice within 10 days; (4) Storage fees stop accruing if proper notice not sent. Cities of Omaha, Lincoln, and Bellevue have additional ordinances requiring written authorization from property owner for non-consensual tow. Failure of any element creates wrongful tow claim.
Legal basis
Neb. Rev. Stat. §60-1901 through §60-1911; Omaha Municipal Code §28-46 et seq.; Lincoln Municipal Code §10.36
Sample appeal wording
TO: [Tow Company] CC: Nebraska Public Service Commission, 1200 N Street, Lincoln, NE 68508 CC: Nebraska Attorney General Consumer Protection Division RE: Wrongful Tow Demand Dear Operator, On [DATE], my vehicle (plate [PLATE]) was towed from [ADDRESS] by your company. I demand full refund of $[AMOUNT] on the grounds the tow violated Neb. Rev. Stat. §60-1901-1911. Specifically: 1. The property at [ADDRESS] FAILS to display required signage at every entrance under §60-1903. [Specify deficiency]. 2. I received NO notice within 10 days as required by §60-1904. 3. [Apt] No written authorization from property owner produced upon request. Under Neb. Rev. Stat. §59-1601 et seq. (Consumer Protection Act), this is a deceptive trade practice. I am entitled to actual damages, statutory damages, and attorney's fees. If full refund is not received within 14 days, I will file: - Complaint with Nebraska Public Service Commission - Complaint with Nebraska Attorney General - Civil suit in [COUNTY] County Court Attached: photos, tow receipt, storage invoice. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Neb. Rev. Stat. §60-1901 et seq.
- Neb. Rev. Stat. §75-301 (PSC jurisdiction)
- Neb. Rev. Stat. §59-1601 et seq.
- Omaha Municipal Code §28-46