Nevada Petition for Registration of Foreign Judgment

State:
Multi-State
Control #:
US-03248BG
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Word; 
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Description

The 1964 Foreign Judgment Act allowed the states to enforce a judgment from another state without the expense of litigation. There are notable exceptions, which is why legal action should be always commence in the state where the defendant is domiciled. A foreign judgment must be filed with the Clerk of the Court in the county in which the attempt is being made to enforce the judgment. This should include any enforcement proceedings such as the Writ of Execution upon assets, etc.


There are various reasons for the court to deny recognizing the foreign judgment. One reason for denial is an appeal, which is pending in the original court. A "stay" may be granted if a debtor can allege grounds exist in the courts jurisdiction where the foreign judgment is being filed, thus creating a "stay" preventing the foreign judgment from being recorded. Such grounds include, lack of sufficient notice in obtaining the original judgment, the judgment was obtained by fraud, the cause of action conflicts with state policies in the state where the foreign judgment is to be filed, the judgment conflicts with another final judgment, or lack of jurisdiction over the debtor in the original judgment.


A "stay" by the debtor must be filed within 30 days of receipt of the notice of the filing of the foreign judgment or sixty days if the debtor is not a resident of the state. Ten days after a foreign judgment is filed and notice has been given to the judgment debtor, the creditor may begin enforcement of the judgment by means allowed by law within the state in which the foreign judgment has been registered.


The debtor may request a "stay" or be granted denial of having the foreign judgment recorded. The debtor must be shown to have "sufficient contact" with the state to establish the jurisdiction of the court to enforce the judgment. Most states vary considerably on what determines "sufficient notice" when obtaining the original judgment. If there were a flaw or it was inconsistent with the court where the foreign judgment is to be recorded, then the courts will not allow the foreign judgment to be enforced.

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FAQ

After the judgment is signed by the judge, it must be filed with the court clerk. This is called ?entering? the judgment. (NRCP 58(c); JCRCP 58(c).) Once the judgment is entered, a notice of that entry must be mailed to all parties in the case and filed with the court clerk.

A judgment creditor can execute upon a judgment debtor's wages, real property, bank account, or cash box. There are a series of forms that the judgment creditor must prepare, file with the court clerk, and give to the constable or sheriff in order to execute a judgment.

If you already have a judgment, then Nevada law provides legal remedies to obtain assets from a debtor who is unwilling to voluntarily pay. These remedies include bank and wage garnishments. You can also obtain a court order for the judgment debtor to appear for an examination under oath to list assets.

A judgment remains in effect in Nevada for six years, and can be renewed forever. Executing a judgment allows a creditor to garnish your wages or attach your bank account or other property. How much can a creditor garnish? Only disposable earnings can be garnished.

How does a creditor go about getting a judgment lien in Nevada? To attach the lien, the creditor files the judgment with the county recorder in any Nevada county where the debtor has property now or may have property in the future.

Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.

If you already have a judgment, then Nevada law provides legal remedies to obtain assets from a debtor who is unwilling to voluntarily pay. These remedies include bank and wage garnishments. You can also obtain a court order for the judgment debtor to appear for an examination under oath to list assets.

You will need to attach an exemplified copy of the Judgment to the application. You can get an exemplified copy of the Judgment from the court that issued the Judgment. Keep in mind that an exemplified copy is different from a certified copy and may take longer to receive from the issuing court.

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Nevada Petition for Registration of Foreign Judgment