Nevada judgment records are court documents containing the final decision made by a court regarding a civil matter. Judgment records spell out the rights and obligations of the plaintiff and the defendant.
Like most Nevada court records, judgment records are generated and maintained by the Nevada courts. The records are available to interested citizens and residents under the Nevada Public Records Act.
What is a Judgment?
Nev. R. Civ. P. 54 defines a judgment as a decree and any order from which an appeal lies. It is the final determination of the court in a civil matter that outlines the rights and responsibilities of parties to the suit.
Nevada Judgment Laws
Nevada's judgment laws are rules and statutes that regulate judgments in the state. These laws govern how judgments are issued and enforced in Nevada, as well as judgment limitations.
Judgment procedures are also covered by the District Court Rules of Civil Procedure and the Justice Court Rules of Civil Procedure.
What is Judgment Lien?
A judgment lien is a collection tool used by creditors to satisfy a judgment. When attached to a debtor's real or personal property in Nevada, it gives a creditor the right to repay the debt from the proceeds made from the sale of the debtor's property.
What is a Nevada Summary Judgment?
A summary judgment is a final order issued by the court in favor of a litigant without a full trial.
According to Nev. R. Civ. P. 56, a Nevada court can only issue a summary judgment when the moving party proves no genuine dispute exists, and the party is entitled to a judgment per the law. Litigants often aim to save money and time by requesting a summary judgment.
What is a Summary Judgment Motion in Nevada?
A summary judgment motion in Nevada is a motion filed by a litigant to ask the court to enter a favorable judgment without a full trial. However, the movant must demonstrate that there is no genuine dispute in the case.
In Nevada, a summary judgment motion can only be filed at any time but no more than 30 days after discovery.
Nevada Judgment Record Search
The Nevada courts furnish citizens and residents with access to unsealed court records, including judgment records. Hence, anyone who wants to search and retrieve a judgment record must visit or contact the court clerk's office. The court clerk is the official custodian for court records. The applicable court to visit is the one responsible for issuing the judgment or that received the filing of the associated lawsuit.
An interested party can find the location of a Nevada courthouse with the Find a Court tool. Contact information and websites of the clerk of the courts can be obtained as well.
How Do I Look Up a Judgment In Nevada?
When looking up a particular judgment in Nevada, the first place to check is the court that rendered the judgment. This can be done by visiting the court's physical address to query the court clerk or contacting the clerk of the court's office to ask for alternative methods to review a judgment.
What Happens if You Have a Judgment Against You in Nevada?
Upon becoming the judgment debtor (the party who lost a lawsuit), an individual will usually be notified of the judgment by the court or creditor. Subsequently, the party can either satisfy the judgment, seek relief from the judgment (if legal grounds exist to do so), or discharge the judgment in a bankruptcy proceeding.
A debtor should promptly comply with the judgment or inform the creditor or court of any difficulties, financial or otherwise. This is because failing to communicate or satisfy the judgment can trigger unpleasant events for the debtor.
Because the law allows creditors to enforce judgments against reluctant debtors, a debtor can become subject to property, bank account, and wage executions, among others. All of which aim to take money/property from the debtor or put the debtor in the position of losing their license or freedom if the judgment remains unsatisfied.
How Do I Find Out If I Have Any Judgments Against Me In Nevada?
When a judgment is entered against an individual, a mail is sent to notify the person of the judgment. If no notice was received by mail and the interested party is aware of the ongoing litigation, the party can make inquiries at the clerk of the court's office. The office can also be called to ask for the information.
How Long Does A Judgment Stay On Your Record?
All judgments issued in Nevada have a timeline within which they can be executed. After which, these final orders become void. However, the courts maintain records of judgments permanently. As a judgment is the outcome of a non-criminal matter, no judgment debtor can petition the court to remove it from the case file.
How to Enforce a Judgment in Nevada
The duty of enforcing a judgment lies on the shoulders of the judgment creditor. The court is only obliged to release a judgment in favor of a party, not enforce it for the party.
When a debtor refuses to satisfy a judgment, the creditor can exercise their legal right to enforce the judgment. Chapter 21 of the Nevada Revised Statutes outlines methods which creditors can use to enforce judgments in the state:
- Obtaining a writ of execution: When issued, the writ orders a sheriff to seize the debtor's property to pay the judgment. A writ of execution can be issued against the debtor's property, the debtor's real or personal property held by a third party, or against the debtor's person (in this case, the debtor will be jailed until the individual pays the judgment).
- Obtaining a writ of garnishment: When the creditor requests a writ of garnishment from the court, it allows the party to levy the property of the debtor in possession of a third party (e,g., a financial institution or an employer). This writ orders the debtor's bank or employer to pay the creditor from the debtor's bank account or wages, respectively. Per NRS 21.027, a judgment creditor can obtain a separate writ of garnishment or execution to levy on property in a safe deposit box maintained at a financial institution.
How to Collect a Judgment in Nevada
Judgment creditors in Nevada can only collect their judgment using legal methods. Harassment, violence, or any form of abuse is not tolerated under the law. While attempting to collect a judgment, the creditor must remember that Nevada judgments expire after six years. Hence, the creditor must act fast in collecting the debt.
However, Nevada law allows creditors with unpaid judgments to renew their judgments for another six years, provided they file for renewal within nine days of the six-year deadline.
What Happens if a Defendant Does Not Pay a Judgment in Nevada
When a defendant refuses to pay a judgment in Nevada, a lot can happen. According to NRS 21.020, the defendant can be arrested if a writ of execution is issued against their person. If the writ is issued against the party's real or personal property, that property can be seized and sold.
Furthermore, the creditor can obtain a writ of garnishment against the defendant's bank account and wages to collect the judgment.
What Personal Property Can Be Seized in a Judgment in Nevada?
According to NRS 21.080, a judgment debtor's money, chattel, shares, corporate interest, property not capable of manual delivery, and other personal property can be seized in Nevada to pay a judgment.
Nevada Judgment Interest Rate
Any money judgment rendered in Nevada accrues interest if left unpaid. This interest starts accruing from the day the court issues the judgment and continues until the judgment debtor pays the debt.
As stated in NRS 99.040, when there is no agreed interest rate in writing, the judgment interest is fixed at a rate equal to the prime rate at the largest bank in Nevada, plus two percent.
What is a Default Judgment?
A default judgment is entered in favor of one other party to a lawsuit because the other party failed to plead or otherwise defend ( Nev. R. Civ. P. 55). Typically, this judgment is issued in the plaintiff's favor.
In Nevada, a default judgment can be entered by the clerk or the court. A clerk can only enter a default judgment when the plaintiff's claim is monetary and the defendant is not a juvenile or an incapacitated person.
How to File a Motion To Set Aside Default Judgment in Nevada
A default judgment can be set aside by a Nevada court upon the request of a defendant. However, the party must meet the requirements for filing the motion.
According to Nev. R. Civ. P. 55c, a defendant can only file a motion to set aside a default judgment for a good cause. The acceptable grounds include mistake, inadvertence, surprise, excusable neglect, void judgment, and the misconduct of an adverse party.
File a Motion To Vacate Judgment in Nevada
In Nevada, a case party can request post-judgment relief by asking the court to vacate their judgment. This request, known as a motion to vacate a judgment, must be for a valid reason; otherwise, the court may reject the motion. The grounds upon which a motion to vacate can be filed are outlined in Nev. R. Civ. P. 60b:
- New evidence that could not have been found in time to move for a new trial;
- Mistake, inadvertence, surprise, or excusable neglect;
- Misrepresentation, fraud, or misconduct of an adverse party;
- The judgment is void;
- The judgment debtor has satisfied the judgment;
- Any other reason that warrants relief from a judgment.
For the first three reasons, a motion to vacate can only be filed no more than six months after the entry of judgment date. This date cannot be extended. Note that the motion does not affect the judgment's finality or suspend its operation.
How To Remove An Abstract Of Judgment In Nevada
An abstract of judgment is a legal document issued by the court to enable a creditor to establish a lien on a debtor's property, usually because the debtor failed to pay the judgment debt. An abstract of judgment will typically contain:
- The names of the parties involved
- The date of the judgment
- The amount of the debt, costs, and damages
- The name of the judge or justice in charge
This abstract becomes a lien when recorded with the county recorder in any county where the debtor's real estate is or will be situated. According to NRS 68.040, a judgment must be satisfied or considered inactive to remove an abstract of judgment (a judgment lien) in Nevada. A judgment can only be satisfied if paid, and it is valid for six years.
How Long Is a Judgment Good For In Nevada
In most US states, a civil judgment does not last forever. It expires after a specified time. Under Nevada law, a judgment is only good for six years, after which it expires if not renewed.
Nevada Judgment Statute of Limitations Law
A judgment statute of limitations is a legal term for how many years a judgment creditor has to begin proceedings to collect a judgment. Once this time passes, the judgment becomes unenforceable unless renewed.
Nevada's statute of limitations law governing judgments is NRS 11.190 (1)(a). Under this law, judgments are executable for six years. However, an unpaid judgment can be renewed for another six years. The procedure for renewal is outlined in NRS 17.214.
