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State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-2410

60-2410. Towing and storage fees; liability;lien; notice.(1) The owner or other person lawfully entitledto the possession of any vehicle towed or stored shall be charged with thereasonable cost of towing and storage fees. Any such towing or storage feeshall be a lien upon the vehicle under Chapter 52, article 6, and, exceptas provided in subsection (3) of this section, shall be prior to all otherclaims. Any person towing or storing a vehicle may retain possession of suchvehicle until such charges are paid or, after ninety days, may dispose ofsuch vehicle to satisfy the lien. Uponpayment of such charges, the person towing or storing the vehicle shall returnpossession of the vehicle to the (a) owner, (b) lienholder, or (c) any otherperson lawfully entitled to the possession of such vehicle making paymentof such charges. The lien provided for in this section shall notapply to the contents of any vehicle.(2) The person towing the vehicleshall, within fifteen business days aftertowing, notify any lienholder appearing on the certificate of title of the vehicle and the ownerof the vehicleof the towing of the vehicle.The notice shall be sent by certified mail, return receipt requested, to thelast-known address of the lienholder and owner of the vehicle. The notice shall contain:(a) The make, model, color, year, and vehicle identification numberof the vehicle;(b) The name, address, and telephone number of the person who towedthe vehicle;(c) The date of towing;(d) The daily storage fee and the storage fee accrued as of the dateof the notification; and(e) A statement that the vehicleis subject to lien and disposition by sale or other manner ninety days afterthe date of towing under Chapter 52, article 6.(3) Failure to provide notice as prescribed in subsection (2) of thissection shall result in the lien of the person who towed the vehicle being subordinate to the lienof the lienholder appearing on the certificate of title and render void anydisposition of the vehicleby the person who towed the vehicle. SourceLaws 1979, LB 348, § 10; Laws 1988, LB 833, § 4; Laws 2005, LB 82, § 7; Laws 2010, LB1065, § 10.AnnotationsThis section does not provide for a lien for protection of the tower in collecting fees. The reference in this section to section 60-2405 is an obvious error because section 60-2405 does not concern a lien. Section 60-2404 was apparently intended. Packett v. Lincolnland Towing, 227 Neb. 595, 419 N.W.2d 149 (1988).