QUESTION

Does a foreign judgment recorded in a Nevada automatically expire when the underlying judgment in Oregon permanently expires?

Asked on Jan 04th, 2014 on Debtor and Creditor - Nevada
More details to this question:
A judgment in Oregon was rendered in 1994 (10 year limit unless renewed), and was renewed in 2004 (a final 10 years added). In 2008 a foreign judgment based on the same case was filed in Nevada. In early 2014 the 20 year Oregon judgment expired. Is the Nevada foreign judgment still valid after the underlying judgment expired in Oregon?
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1 ANSWER

R. Christopher Reade
The Nevada Supreme Court has held that Nevada's six year statute of limitations on the registration of foreign judgment commences to run on the date on which a valid foreign judgment is registered in Nevada.  A party may renew a foreign judgment as long as the judgment remains valid and enforceable in the issuing state.  Bianchi v. Bank of America, 124 Nev. 472, 186 P.3d 890 (2008).  The inquiry is a dual one—(1) whether the underlying foreign judgment, as renewed, is valid and enforceable in the issuing state and (2) whether Nevada must give such judgment full faith and credit even when Nevada's six-year limitation period for the enforcement of the original domesticated foreign judgment has run.  The enforcement of the Oregon Judgment as domesticated in Nevada is dependent upon the validity of the Judgment in Oregon.         
Answered on Jan 06th, 2014 at 3:21 PM

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