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More Than You Want to Know About Renewing Judgements

Generally, a judgment is only valid for six years from the date it was entered. NRS § 11.190(1)(a). This means that if the judgment is not collected within that six-year period, the ability to collect the judgment expires. However, Nevada allows for judgments to be renewed, which if done correctly will continue the judgment for another six years from the date of renewal. This process has several steps but they cannot be done incorrectly because Nevada courts strictly enforce the statutory procedure. As the Nevada Supreme Court put it “NRS 17.214’s mandatory requirements of filing, recording, and service of the affidavit are plainly set forth and must be followed for judgment renewal.” Leven v. Frey, 123 Nev. 399, 403 (2007).

When a Judgment can be Renewed

NRS § 17.214 sets forth the process for renewing judgments. Even though the judgment itself is valid for a six-year period, it must be renewed before it expires. The statute requires the renewal process to begin at least 90 days before the judgment expires. If the process is correctly followed, the renewed judgment will be valid for six years. Additionally, the judgment can essentially be continually renewed forever, following the same procedure at least 90 days prior to the expiration of the renewed judgment.

The Affidavit of Renewal of Judgment

To renew a judgment, the judgment creditor (the party to whom the judgment is owed) must file an “Affidavit of Renewal of Judgment” with the clerk of the court. This must be the same court where the judgment was entered and docketed. The affidavit must contain the following information:

  • Names of the parties to the judgment;
  • The date and amount of the judgment;
  • The number and page of the docket in which the judgment is entered;
  • Information as to whether there is an outstanding writ of execution for enforcement of the judgment;
  • The date and amount of any payment on the judgment;
  • Whether there are any setoffs or counterclaims in favor of the judgment debtor;
  • The exact amount due on the judgment;
  • If the judgment was docketed by the clerk upon a certified copy from another court, and an abstract of judgment has been recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
  • Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.

A very important requirement of the statute is that the Affidavit “must be based on the personal knowledge of the affiant, and not upon information and belief.” If there is information that you may need to seek out prior to renewing the judgment, you may want to start preparing your affidavit and gathering the necessary information early. Within three days of filing the affidavit with the court, the judgment creditor must send a copy of the affidavit by certified mail, return receipt requested, to the judgment debtor’s last known address.

Recorded Judgments

Judgments are often recorded with a county clerk to assist with collection efforts. If the judgment has been recorded, the affidavit must also include the name of the county of recording and either the document number of the recorded judgment or the number of the page of the book where it was recorded. Additionally, the within three days of filing the affidavit of renewal, the affidavit must also be recorded with the county where the judgment has been recorded.

So basically….

Renewing a judgment is a valuable tool for a party still trying to collect on a judgment that has not been fully paid. Because there are important deadlines for filing the affidavit of renewal of judgment, and detailed information must be included in the affidavit, consulting an attorney who is familiar with the process can help ensure your judgment renewal goes smoothly and provides additional time for collection.

As always, “If you think you might need an attorney, you probably do.” Contact us here to set up a complimentary consultation.

Dumb Starbucks – Fair Use And Parody Law

It’s hard out there for small businesses these days. Especially for new pop-up coffee shops. How can they expect to compete with coffee moguls like Starbucks? Well, here’s one idea: don’t compete. Why not use what already works? That was the idea behind “Dumb Starbucks” — a small coffee shop that opened its doors for business in 2014. Their model was simple: use the exact same logo and branding as Starbucks so people would walk in thinking it was just another branch of the well-established chain. To any sane person this might seem like a one-way ticket to a fat lawsuit. But under the legal principles of Fair Use, Dumb Starbucks was confident they could get away with the impossible.

CLICK HERE to read the full story.

6 Things You Need to Know About Nevada Marijuana Laws in 2019

Recreational marijuana was legalized in Nevada by a ballot initiative in November of 2016, and since then, the industry has boomed. In the first year, revenue from legal sales was 25% more than initially projected[1], with total tax revenue of $69.8 million.[2] What’s more, these first-year figures are set to be surpassed by this year’s numbers.[3] Needless to say, recreational marijuana is becoming a prominent Nevada industry, and more and more average citizens are coming into contact with it. However, just because it is legal state-wide doesn’t mean there aren’t myriad restrictions to follow; marijuana is still a controlled substance. So, to help clear up the confusion, here are some basic things to know about growing, buying, and consuming recreational marijuana in Nevada:

1. Only adults over the age of 21 can legally buy, grow, and consume marijuana.[4]

CLICK HERE to read the full story on The Vegas Post.

Can a Court Judgment be Recorded Against Real Property?

The short answer is “yes.” Not only can you record a judgment against real property, but you will often want to. Obtaining a judgment lien against real property can be a good way to ensure payment of a judgment debt. A lien on the property makes it more difficult for a judgment debtor to transfer an interest in the property and gives the judgment creditor (the person who won the judgment) the ability to take further steps, including foreclosure on the property.

CLICK HERE to read the full story.