Nevada Recent Legal Answers from Lawyers

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428 legal questions have been posted about by real users in Nevada. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Nevada Recent Legal Answers from Lawyers
Page 17 of lawyers' answers to legal questions about Nevada.

Recent Legal Answers

If bankruptcy has been discharge and my vehicle is paid for, why won't the bank release the title?

Answered 8 years and 8 months ago by David Michael Benson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If a phone call and a letter gets you nowhere, file a complaint with the Better Business Bureau and talk to the Consumer Protection Section at the Ohio Attorney General's office in Columbus. That should get their attention.
If a phone call and a letter gets you nowhere, file a complaint with the Better Business Bureau and talk to the Consumer Protection Section at the... Read More

If bankruptcy has been discharge and my vehicle is paid for, why won't the bank release the title?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Lender who have discharged loans secured by junkers often try to squeeze a payment out of the debtors by refusing the release the title. Send them a letter threatening them with a motion for contempt of court for violation of the discharge injunction and they will usually turn over the title - free and clear. If not, talk to a lawyer about filing the motion for contempt. The best thing about contempt motions is the lender pays the attorney fees.... Read More
Lender who have discharged loans secured by junkers often try to squeeze a payment out of the debtors by refusing the release the title. Send them a... Read More

If my ex lives in the Philippines and wants to terminate his parental rights to our son, how do we do the paperwork?

Answered 8 years and 8 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should hire a family law specialist in this form or another, have a "Relinquishment" signed by the natural father, use that to process a formal Termination of Parental Rights, and then have your spouse adopt.
You should hire a family law specialist in this form or another, have a "Relinquishment" signed by the natural father, use that to process a formal... Read More

Will they take my money if I retired from my job, went to another one, and cashed in my 401k?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If you cashed in your 401(k), did you roll it over to an IRA? Then you're OK and it will not be taken in bankruptcy. But if you are just holding the cash, then (1) you're not dumber than a bag of hammers but no much smarter and (2) the bankruptcy court will take the money.
If you cashed in your 401(k), did you roll it over to an IRA? Then you're OK and it will not be taken in bankruptcy. But if you are just holding the... Read More

Alimony or spousal support

Answered 8 years and 8 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The answer to any such alimony case inquiry, on partial facts, is "maybe."  A full explanation of Nevada alimony law is set out on our Spousal Support and Alimony page, here.  You should also review the materials on our Military Retirement Benefits page, here -- you don't mention it, but after 7 years of a military marriage, you have a right to a share of the normal retirement and the TSP, as well.  There is a lot more, but it is more than can be put into an e-mail.  Please review the noted information, and then call to ask any follow up questions.  It is probably a good idea to schedule a consultation (please see the information here) and then proceed, as soon as you are ready.... Read More
The answer to any such alimony case inquiry, on partial facts, is "maybe."  A full explanation of Nevada alimony law is set out on our Spousal... Read More

Have questions about adoption so if someone can call me

Answered 8 years and 8 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
No contact information appeared with the question.  Please refer to the information posted here, and then call if you have any further questions.
No contact information appeared with the question.  Please refer to the information posted here, and then call if you have any further questions.
The details and history are a bit sketchy, and there is no simple way to "cancel" an 8-year-old marriage, but we have done many annulments for foreign citizens.  With some information about the cooperation of the parties, and some basic background facts, it woiuld be possible to tell you (usually) how long it is likely to take, relative odds of success, and how much it is likely to cost.  The background needed is explained on two pages of our web site:http://willicklawgroup.com/annulment/. http://willicklawgroup.com/uncontested-annulment/.If, as you indicate, the marriage was in Nevada, no physical appearance, and no establishment of Nevada residency, should be required for an annulment proceeding (i.e., neither party should have to come back to or be here).  Citizenship is not relevant; the question is the satisfaction of statutory grounds.  If that is not possible, then the only alternative would be divorce, presumably where one or both parties now lives.... Read More
The details and history are a bit sketchy, and there is no simple way to "cancel" an 8-year-old marriage, but we have done many annulments for... Read More

How long should the final decree take?

Answered 8 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
While your question is not entirely clear, you can usually add a creditor just before discharge or even for a reasonable time afterward. The Trustee has a good long time to assemble the assets and pay them out. It could take as much as two years. It makes sense to amend your schedule is to include this newly discovered creditor very soon period.... Read More
While your question is not entirely clear, you can usually add a creditor just before discharge or even for a reasonable time afterward. The Trustee... Read More
The late Samuel Goldwyn once remarked that "A verbal contract ain't worth the paper it's printed on."  Until an agreement is reduced to writing, it is typically very difficult to enforce.  Meantime, consult with a family law specialist to become fully informed of your rights, obligations, options, and alternatives.... Read More
The late Samuel Goldwyn once remarked that "A verbal contract ain't worth the paper it's printed on."  Until an agreement is reduced to writing,... Read More
The only “magic age” in Nevada custody law is 18, at which time (absent a guardianship for incompetency, etc.), no one has any right to determine where the then-emancipated person can live.  Until then, the wishes of a “child of suitable age and discretion” are one factor that a court must consider when determining a question of contested custody.  For an explanation, links to the relevant statutes, etc., see the materials posted here.  And yes, normally child support flows from the non-custodial to the custodial parent; there is an offset in joint custody cases.  A full explanation is at the same page of our website.... Read More
The only “magic age” in Nevada custody law is 18, at which time (absent a guardianship for incompetency, etc.), no one has any right to... Read More

Co Owner wont sign papers to sell home

Answered 8 years and 9 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, but not directly.  You can file a motion to get the court to sign over the house to you for sale (an "NRCP 70" motion) which then allows you to sell the house without requiring any co-signature.  And ask, in that motion, for reimbursement of whatever fees you incur to get the necessary order.... Read More
Yes, but not directly.  You can file a motion to get the court to sign over the house to you for sale (an "NRCP 70" motion) which then allows... Read More

How do I renew my driverโ€™s license if I lost my marriage license?

Answered 8 years and 9 months ago by Mandy J. McKellar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The secretary of state should have a copy of your marriage certificate/license as long as it was paid for and recorded properly.
The secretary of state should have a copy of your marriage certificate/license as long as it was paid for and recorded properly.

Who does a parent go to for help when the other parent violates a federal law?

Answered 8 years and 9 months ago by Mandy J. McKellar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You have to file in your current state and request a UCCJEA conference so that both states can determine who has jurisdiction.
You have to file in your current state and request a UCCJEA conference so that both states can determine who has jurisdiction.

Can any parent get full physical custody and not let the other parent fight for custody?

Answered 8 years and 9 months ago by Mandy J. McKellar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No in Nevada the court will assess the best interest of the children, and the order is typically joint barring any issues.
No in Nevada the court will assess the best interest of the children, and the order is typically joint barring any issues.

Is there any way I can file bankruptcy if now I am stuck paying almost $50,000 to a school that does not exist anymore?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Bankruptcy court is the wrong place to go about a school that was a scam. Apply to the Department of Education.
Bankruptcy court is the wrong place to go about a school that was a scam. Apply to the Department of Education.

Would it be wise to add my name on the house or me putting my name on the house affect me filing for bankruptcy?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Generally, having your name on your residence won't affect filing bankruptcy. Ohio has a $132,000 exemption for equity in your home, so unless you're really putting a lot down, any equity would be exempt.
Generally, having your name on your residence won't affect filing bankruptcy. Ohio has a $132,000 exemption for equity in your home, so unless you're... Read More
You can always negotiate with the Chapter 7 trustee. The trustee's fees can't be paid by a house, only by cash. So getting cash instead of property is the dream of trustees.
You can always negotiate with the Chapter 7 trustee. The trustee's fees can't be paid by a house, only by cash. So getting cash instead of property... Read More

How do I represent myself in court for a restraining order hearing

Answered 8 years and 9 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
There is no way anyone could provide "how to represent yourself in court" in an email.  And you do not provide any substantive information to allow reference to relevant background (although you might try reviewing our child custody and domestic vioence materials, here and here. If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More
There is no way anyone could provide "how to represent yourself in court" in an email.  And you do not provide any substantive information to... Read More

Can you withdraw money from IRA (72t) for chapter 13 payments without adversely affecting the payment plan amount?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
First, you're under an obligation to report material changes in your circumstances. Maybe you're Hillary Clinton and perjury isn't a big deal to you but most of us are a little tetchy about committing felonies. Usually a moderate raise (less than 20%) won't change your payments. Anything more than that, talk to your attorney.... Read More
First, you're under an obligation to report material changes in your circumstances. Maybe you're Hillary Clinton and perjury isn't a big deal to you... Read More

How long does it take to get the garnishment funds that are coming out of my paycheck after I file bankruptcy?

Answered 8 years and 9 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on how quickly your employer and the creditor respond to the communication sent to them about your bankruptcy filing. Often the garnishment can stop before the next payday if the employer finds out before the deadline for processing the paychecks.
It depends on how quickly your employer and the creditor respond to the communication sent to them about your bankruptcy filing. Often the... Read More

What should I do if I filed bankruptcy but couldn't make the payments?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If you haven't made a payment since November, your case has probably been dismissed. You have a choice between. Reopening your old case or filing a new one.
If you haven't made a payment since November, your case has probably been dismissed. You have a choice between. Reopening your old case or filing a... Read More
You shouldn't have had it hauled away. You may be liable on the value of the 4 wheeler. But they are not allowed to threaten you or contact you concerning the debt. The police (or sheriff) have no interest in getting involved in this private dispute, so that threat is just empty words. If anyone contacts you, tell them that you will file a contempt of court motion against them.... Read More
You shouldn't have had it hauled away. You may be liable on the value of the 4 wheeler. But they are not allowed to threaten you or contact you... Read More

Would filing chapter 13, help us get the car back before its sold?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
As long as the redemption period hasn't ended, you can get the car back.
As long as the redemption period hasn't ended, you can get the car back.

If I filed a chapter 13 and my land lord is still trying to evict me, can she do that without giving me a 30 notices?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
She has to give you a three day notice but in order for a bankruptcy to stop an eviction you have to pay the back rent.
She has to give you a three day notice but in order for a bankruptcy to stop an eviction you have to pay the back rent.

What do I need to do if I am on fixed income and don't have much money but need to file bankruptcy?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Payment for a bankruptcy can be made in installments.
Payment for a bankruptcy can be made in installments.