Malik W. Ahmad

Archive for January, 2012|Monthly archive page

In Loan Modification on 01/14/2012 at 7:18 pm

A judgment entered in the court of the State of Nevada generally is enforceable for a period of six (6) years and may be renewed. (NRS 11.190.) It may become a lien on a judgment debtor’s real property once a transcript or abstract of the original judgment is filed with the recorder of the county in which judgment debtor’s real property is located. The lien will continue for a period of six (6) years and may be renewed. (NRS 17.150.)

A judgment creditor may execute against all goods, chattels, moneys and other property, real and personal, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action. (NRS 21.080.) A judgment debtor’s wages may also be garnished. However, 75% of the disposable earnings of a judgment debtor during any pay period, or 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, are exempt from execution of a judgment. (NRS 21.090(g)

What is a confession of judgment?
Nevada laws permits judgment by confession for debt due or contingent liability. A debtor may confess judgment, without action, either for money due or to become due or to secure any person against contingent liability, by filing a written statement with the court. The written statement must be signed and verified under oath by the debtor, and must contain the amount authorized to be entered in the judgment, concise facts out of which the obligation arose and the actual amount due. The clerk’s fee for filing and entering the judgment and affidavit is $24.00 (Check for latest fee raised) (NRS 17.110.)

Does Nevada Adopts and Recognizes Foreign Judgment?

The State of Nevada generally adopts the Uniform Enforcement of Foreign Judgments Act. (NRS 17.330-17.400.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Nevada. (NRS 17.340.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an exemplified copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it has been satisfied. (NRS 17.360.) 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 court in the State of Nevada and may be enforced or satisfied in like manner. (NRS 17.350.)

Upon the filing of the foreign judgment and affidavit, the judgment creditor or someone on his behalf is required to mail a notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to his attorney of record, if any, each at his last known address, by certified mail, return receipt requested. The notice must include the name and post office address of the judgment creditor and judgment creditor’s attorney, if any, in the State of Nevada. The judgment creditor is also required to file an affidavit with the clerk of the court setting forth the date the notice was mailed. No execution or other process for enforcement of a foreign judgment may issue until 30 days after the date of mailing the notice of filing. (NRS 17.360.)

Interest:

Legal rate: Interest on transactions where there is no written contract may be charged a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the
case may be, immediately preceding the date of the transaction, plus 2 percent. (NRS 99.040.)

Written Contract rate: Any rate which the parties to a written contract may agree. (NRS 99.050.)

Judgment rate: Either the rate specified by contract or a rate equal to the prime rate at the largest bank in Nevada as ascertained by the commissioner of financial institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied. (NRS 17.130.)

Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

In general, the equity in the homestead of a judgment debtor may be exempt from sale on execution and from process of court to the extent of $550,000.00 in value. (NRS 115.010.) Homestead may include a quantity of land, together with the dwelling house thereon and its appurtenances, a mobile home whether or not the underlying land is owned by the debtor, or a unit or real or personal property, with any appurtenant limited common elements, or its interest in the common elements of the common-interest community, selected by the debtor or his spouse, or either of them, or a single person. (NRS 115.005.)

Under NRS 21.090 some of the personal property of a judgment debtor which may be exempt from execution may include private libraries not to exceed $1,500 in value (check recent increase), and all family pictures and keepsake, necessary household goods and yard equipment not to exceed $3,000 in value, farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value, the cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by the debtor, not exceeding $4,500 in total value, one vehicle if the judgment debtor’s equity does not exceed $4,500 (check recent increase), all money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the
annual premium paid does not exceed $1,000, any prosthesis or equipment prescribed by a physician or dentist, money, not to exceed $500,000 in present value held in qualified retirement plans, employee pension plan or profit sharing plans, money or other benefits held pursuant to the order of a competent jurisdiction for child or spousal support, education and maintenance.

In a bankruptcy action, residents of the State of Nevada are not allowed those exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586). (NRS 21.090(3).)

Statutes of Limitation:

Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date from the last transaction or the last item charged or last credit given; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same have become due, the limitation generally commences from the time the last payment was made. (NRS 11.200.)

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