Nevada Collections Legal Questions

Each case is unique and I urge you to consult with an attorney. Generally, if you have recevied a summons and complaint, it means that you have been sued.  You need to determine when you need to respond, so make sure you read the summons.  Failure to respond could result in a judgment being entered against you. Moreover, in your particular case, you have to determine if the service by mail was proper.  It could be, so you will have determine your rights.  If you sit on your rights, you will lose them. This response is no substitute for legal advice and I urge you to consult with an attorney.  I am providing you with a link to the Civil Law Help Center which may provide you with information.  Time is likely of the essence to respond, so make sure you review and determine what you need to do.   Civil Self Help Center   Be safe and healthy!!   ~ Brian   Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

The answer to your inquiry is most likely: neither.   NRS 38.310 states that no civil action based upon a claim relating to application or enforcement of CC&R's or imposing assessment shall be commenced "in any court in this State unless the action has been [first] submitted to mediation or arbitration pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted."  Therefore you are required to proceed with the mediation/arbitration procedures through the Real Estate Division first.... Read More

If you have never filled out a card application or agreed to be contractually liable for the balances on the account, you have no contractual liability for the card expenses.  There are extracontractual claims which a the card company might be able to pursue; however it would be highly unlikely that the card company would undertake such actions.... Read More

NRPC 1.15(d) governs safekeeping of client property, including fee advances and retainers, and return of the same.   "Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property."  Your attorney has a duty to keep the State Bar of Nevada apprized of the most recent address.  Check with SBN in order to get your attorney's most recent information.  If you cannot get an accounting of your fees, you may wish to seek mediation or arbitration through the State Bar of Nevada Fee Dispute Program.... Read More

You need to halt any further work for this client who is not paying you for your services and need to have existing and future clients execute an Agreement for your services.  If the services were commissioned by the network, you may have a claim as against the network.  More likely your claims are exclusively as against the defaulting physician.... Read More

Collections of consumer debts are generally covered under the Fair Debt Collection Practices Act, 15 USC § 1692e.  There is no right to be warned that a collection agency may be employed prior to employment. However you are entitled to protections under FDCPA that all collections comply therewith.  Under 15 U.S.C. 1692e(11), debt collection correspondence must disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ... Read More

The answer that is being provided is uniformly misunderstood and misapplied by Courts in the State of Nevada. Husbands and wives are not liable for debts of other incurred before marriage. NRS 123.050. Because Nevada is a community property state, likewise the community property interests of each spouse may be attached for community debt. During the marriage, the rules for Husbands and Wives differ by statute for attachment of separate property for the debts of the other spouse. If the husband neglects to make adequate provision for the support of his wife, any creditor may in good faith supply her with articles necessary for her support, and recover the reasonable value thereof from the husband. The separate property of the husband is liable for the cost of such necessities if the community property of the spouses is not sufficient to satisfy such debt. NRS 123.090. The key phrase in this statute is "necessary"; a Corvette which was rented by wife without HUsband's knowledge was not found to be necessary. Ferreira v. P.C.H. Inc., 105 Nev. 305, 774 P.2d 1041 (1989). Medical bills would most likely be found to be necessary support. Conversely the bar is lower for Wives being liable for the debts of their Husbands. A wife must support the husband out of her separate property when he has no separate property and they have no community property and he, from infirmity, is not able or competent to support himself. NRS 123.110. Based upon the foregoing standards, you should determine if you were still married at the time that the medical bills were incurred. One final issue which you should consider: many divorce decrees contain language that each spouse shall defend and indemnify the other spouse from their individual debts. Therefore you may be able to obtain an Order in the domestic proceeding for indemnification.... Read More

Based upon your question, your Judgment appears to be from another state.  The steps to turn your Judgment into a Nevada judgment is to domesticate the Judgment in Nevada pursuant to NRS 17.330 et. seq.  The first step is obtain an exemplified copy of your Judgment from the home state.  Be careful .  An “exemplified” copy has three seals or oaths on the form: one from a judge and two from the Clerk’s Office. A “certified” copy only has one seal, which is from the Clerk’s Office. Your second step is to file the exemplified copy of your Judgment with the appropriate Nevada District Court with a Verified Application for Foreign Judgment. NRS 17.350.   A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a Nevada district court and may be enforced or satisfied in like manner.  After that time, you can pursue garnishment and execution in the same manner as if you originally sued the Debtor in Nevada.  ... Read More

Since you tagged your post under the "Collections" Tag, I presume that you have obtained a Judgment in one state and wish to enforce that Judgment against the Debtor in another state.  The answer is that this is possible under Full Faith and Credit principals but does take some work.  In most cases, you need to obtain a certified or exemplified copy of the Judgment from State 1 and bring and file an Application to domesticate that Judgment in State 2.  "Domestication" just means a request to have State 2 recognize and enforce the Judgment from State 1.  You have to do your own legwork as the Courts will not do it for you (except in certain circumstances such as child support).  Obviously the easiest thing to do is to hire counsel in State 2 to domesticate your Judgment for you and to pursue collection of the Judgment.... Read More

The answer to your question is effectively yes.  While you could go about the process of attempting to set aside these Judgments by yourself, the process for setting aside Judgments (including the challenging the propriety of the original service of process) is relatively complicated and will require a motion and presentation of evidence to the Court.  You should consult with an attorney regarding the facts in your matter and basis for setting aside the Judgment(s).... Read More

NRS 73.010 is the statute which discusses the jurisdiction of justice courts for small claims. This statute provides that Small Claims Court may take jurisdiction over a matter where the defendant named:             1. Is a resident of;             2. Does business in; or             3. Is employed in the township in which the action is to be maintained. As residents of Colorado, you cannot be technically sued in Small Claims Court.  However you need to be aware that since you own a home in Mesquite that a creditor may attempt to at least assert that you are actually residents (and your Nevada property) of Mesquite and thus subject to the jurisdiction of that court.... Read More