Nevada Consumer Legal Questions

I do not entirely understand the question, but the person on the loan application is presumptively entitled to proceeds; if there is an equitable claim to be made, then the person who incurred the dtriment/loss usually prevails.  If you need more specific advice, you should contact an attorney who practices general civil litigation, as this is not really a family law question.... Read More

I have seen provisions in breeders' contracts which prohibit disposition of dogs to prevent (a) abuse of the dogs and to require return of the dog to make sure that it is not sold into untoward circumstances; and (b) any problems with the bloodlines of a lineal puppy.  While the provision seems strict, the standard to meet regarding voidability of the clause will likely hinge on whether it was and is unconscionable.   You should have the Agreement reviewed by an attorney.... Read More

There is no set standard from Wells Fargo, which has a Legal Process/Subpoena department outside of the State of Nevada which will determine if their are records subject to subpoena.  Wells Fargo will respond one way or the other, at which time you can object or serve a subsequent subpoena on Wells Fargo.... Read More

Under Consumer Product Safety Commission recalls, many recalls are handled at the manufacturer and not ther retailer level.  You have indicated that your recall indicates that it proceeds through Sams Club. Your right of recourse is at the the location you purchased the product, which was the yard sale.  CPSC’s laws and regulations apply to anyone who sells or distributes consumer products, including thrift stores, consignment stores, charities, and individuals holding yard sales and flea markets.... Read More

You should look for an attorney who does product liability law.  They will of course ask if you saved the drink and can demonstrate the poisonous substance which you were served, what your actual damages (medical bills) are and whether you are aware of any other claimants who might have been injured at that same store.... Read More

No.  In Nevada, the statute of limitations for breach of written contract is 6 years, for breach of an unwritten agreement is 4 years, for misrepresentation is 3 years. NRS 11.190.  The "catch-all" statute of limitations is 4 years.  NRS 11.220.  All of these statutes of limitation have expired long ago for a game played in July 2004.... Read More

 NRS 597.610 provides that "[i]f a new motor vehicle does not conform to all of the manufacturer's applicable express warranties and the buyer reports the nonconformity in writing to the manufacturer: (1) [b]efore the expiration of the manufacturer's express warranties; or (2) no later than 1 year after the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, the manufacturer. . . or its authorized dealer shall make such repairs as are necessary to conform the vehicle to the express warranties without regard to whether the repairs will be made after the expiration of the express warranty or" 1 year from delivery.   The definition of "nonconformity" has been held to mean any defect or condition that substantially impairs the use and value of the motor vehicle to the buyer.  Whether the paint would constitute substantial impairment of value is debatable; it most likely does not impair use.... Read More

Based upon the facts as represented, you have a case against the original installer and manufacturer.  Because breach of warranty cases can be prohibitively expensive to bring, there is another remedy which you might consider which is a complaint to the Nevada State Contractors Board regarding the installation.  The NSCB will investigate matters and potentially issue a Notice to Correct to the contractor for 4 years after the date of the services.  Likewise an injured person can bring an action for recovery of monies from the residential recovery fund within 4 years of the date of the services.... Read More

You are certainly able to negotiate with the Creditor for a payment which you can afford and find manageable.  You should also consider undertaking some legal action to ensure that your grandson is ultimately held liable to pay you back for the monies which you are having to pay for his benefit.... Read More

Yes.  The process of enforcement of foreign judgments in the State of Nevada is conducted pursuant to the Uniform Enforcement of Foreign Judgments Act,  NRS 17.330 to 17.400.  "An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state. . . .  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 district court of this state and may be enforced or satisfied in like manner." NRS 17.350.  At the time of the filing of the foreign judgment, the judgment creditor is required to file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor, a statement that the foreign judgment is valid and enforceable and the extent to which it has been satisfied. NRS 17.360.  The Notice of Filing must be mailed to the judgment debtor and to the judgment debtor's attorney by certified mail, return receipt requested.  Id.  he judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.  Enforcement of the Judgment may begin in Nevada 30 days after the notice of filing.... Read More

A creditor after sale of the vehicle can generally pursue the deficiency sum based upon the fair market value of the vehicle.  You are of course welcome to present your own evidence of fair market value and to contest that the repo auction price of $15,000 was not fair market value.  The creditor cannot garnish your wages unless/until a Judgment is obtained.... Read More

Whether the difficulties and missteps in having the car properly registered rise to the level meriting rescission of the Agreement is doubtful.  You are certainly entitled to enforce your legal rights and to seek redress for any damages which the failure to properly notify the DMV to allow registration of the vehicle is causing you.... Read More

The answer at law is most likely no; however the answer in equity is yes.  At law, there is a contract between Hotel and Person A.  Person B is not a party to the contract and can generally not be held liable under the contract.  The exception in law is if the Hotel asserts that Person B ratified, affirmed and assumed the contract for the rooms by its words and actions.  This is a much weaker case than the case against Party A who is on the contract. Even though the law enforces a contract as written, equity abhors people receiving and retaining a benefit for which they should not be able to retain in good conscience.  “The doctrine of unjust enrichment or recovery in quasi contract applies to situations where there is no legal contract but where the person sought to be charged is in possession of money or property which in good conscience and justice he should not retain but should deliver to another [or should pay for].” Lipshie v. Tracy Investment Co., 93 Nev. 370, 379, 566 P.2d 819, 824 (1977).... Read More

The Internet is a complex vehicle in the law of defamation.  An action for defamation requires a person to prove four things under Nevada law: (1) a false and defamatory statement; (2) an unprivileged publication to a third person; (3) fault, amounting to at least negligence; and (4) actual or presumed damages.  A statement is defamatory when it would tend to lower the subject in the estimation of the community, excite derogatory opinions about the subject, and hold the subject up to contempt. Lubin v. Kunin, 117 Nev. 107, 111, 17 P.3d 422, 425 (2001). The first element is often the hardest to prove, which is that the statement was a false statement of fact.  Truth is a defense to defamation.  Secondarily, only false statements of fact, as opposed to opinion, are actionable.  Miller v. Jones, 114 Nev. 1291, 1296, 970 P.2d 571, 575 (1998).  The first element therefore becomes whether the pool company can prove what you stated was a false statement of fact, as opposed to your opinion regarding the quality of the company's services.  While intent has been diluted under defamation, a fact finder in determining the credibility of the witnesses is going to weigh what this person's motivation would be to lie about the incident (or lack thereof) versus the company's self-serving interest in quelling bad reviews against the company. With that being stated, the question becomes one for you to decide how much you want to spend defending truthful opinions should the company decide to pursue you for stating a truthful account of what occurred to you.... Read More

Your topic area states its all, which is an attorney who handles consumer matters.  Depending on the nature of the Complaint, a number of consumer matters do not rise to the level factually to merit lawsuits but may be better handled through consumer protection agencies.  In the alternative, a false advertising claim may require multiple plaintiffs to make it economically viable to maintain.... Read More

 NRS 629.051 provides that each provider of health care shall retain the health care records of his or her patients as part of his or her regularly maintained records for 5 years after their receipt or production. Dentists are included under the definition of "providers of health care" under Chapter 629 of the Nevada Revised Statutes. Dentists are required to post in a conspicuous place in their offices a sign which discloses to patients that their health care records may be destroyed after the 5 year period. There is one (1) exception which lengthens the period of time for retention of records.  NRS 629.051(7) provides that a provider of health care shall not destroy the health care records of a person who is less than 23 years of age on the date of the proposed destruction of the records. The health care records of a person who has attained the age of 23 years may be destroyed in accordance with this section for those records which have been retained for at least 5 years or for any longer period provided by federal law.... 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.  An out-of-state entity (such as an Internet retailer) is not generally held to do business in a township merely because it has shipped products into the township.... Read More

The bar can refuse service to any patron for no reason at all; however the bar may be barred from refusing service and public accommodations to patrons for prohibited reasons which involve prohibited forms discrimination.  Based upon the former employment status and probable discomfort which the owner has with you being on site, the owner is free to bar you from his private property.... Read More