Get an overview of civil judgments in Nevada, including how a judgment creditor collects a judgment and how a judgment debtor might contest collection.
At the end of a civil case, the final decision awarding money to the winning party is called the “judgment.” (NRCP 54(a); JCRCP 54(a).) The party who won and is entitled to collect the money is called the “judgment creditor.” The party who lost and owes money is called the “judgment debtor.”
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. Typically, the winning party can start trying to collect the judgment ten days after the notice of entry. (NRCP 62(a); JCRCP 62(a).) It is up to the judgment creditor – not the court – to collect from the judgment debtor.
To see a flowchart showing the collection process, click the link below or scroll to the bottom of this page.
FYI! Legal Aid Center of Southern Nevada publishes a number of handy brochures on collection topics, including Attachment and Garnishment, What It Means to Be Collection Proof, and Debt Collection. For copies, click to visit Brochures.
How can a judgment creditor force a judgment debtor to pay a judgment?
There are two main ways a judgment creditor can legally take property or money from the judgment debtor to pay a judgment:
Attachment allows the judgment creditor, with the help of the sheriff or constable, to take personal property, such as a car, from the judgment debtor and sell it. “Attachment” means taking legal possession of the property. “Execution” means selling the attached property.
Garnishment allows a judgment creditor to take something of the judgment debtor’s that is in the hands of another person or institution, such as money from the judgment debtor’s bank or wages from his employer.
TIP! This website provides general information about collecting judgments. But judgment collection can be tricky, depending on who you’re trying to collect from. If you hit a brick wall, you may want to talk to an attorney who specializes in collections. Click to visit Lawyers and Legal Help.
What information does the judgment creditor need to garnish wages or attach bank accounts?
The judgment creditor – not the court – is responsible for collecting the civil judgment she won. To do that, the judgment creditor usually needs some basic information about the judgment debtor’s money or property (for example, where he works and where he banks). If the judgment creditor does not have that information, she can ask the court to set a hearing at which the judgment debtor must provide that information.
What property or money can the judgment creditor take from the judgment debtor to pay the judgment?
The judgment creditor cannot take certain property related to basic needs. This property is called “exempt” property.
To learn more about exempt property, click to visit What a Judgment Creditor Can and Can’t Take.
FYI! Some judgment debtors are simply “collection proof,” meaning all their income and property is exempt and can’t be taken to pay a judgment. To learn whether you’re collection proof and about the collection process generally, attend the FREE Collection Proof Clinic! To learn more about the clinic, click to visit Free Classes.
When and how can the judgment debtor claim his right to an exemption?
A judgment debtor cannot assume property is safe just because it is technically exempt from execution under the law. The judgment debtor must take action to prevent the exempt property or income from being seized or to reclaim it after it is seized.
Before attachment or garnishment, the judgment debtor can:
After attachment or garnishment, the judgment debtor can:
To learn more about filing with the court and claiming an exemption, click to visit Contesting a Garnishment or Attachment.
If the judgment creditor disagrees with the exemption claimed by the judgment debtor, what can she do?
If the judgment creditor disagrees with the judgment debtor’s claimed exemptions, she has eight business days after the claim of exemption is served to file an objection with the court.
If the judgment debtor claims an exemption, how does he get his property back?
How (or if) the judgment debtor gets his property back depends on whether the judgment creditor objects to the exemptions claimed by the judgment debtor.
How long does the judgment creditor have to collect a Nevada judgment?
In Nevada, a judgment will expire within six years from the date it is entered. NRS 17.214 provides the process to renew a judgment. To renew a judgment the judgment creditor must file a Declaration for Renewal of Judgment with the Clerk of the Court where the judgment was entered. This must be done at least ninety days before the judgment is set to expire.
The Declaration for Renewal of Judgment must be served by certified mail to the judgment debtor (NRS 17.214(3)). If the judgment creditor does not serve the judgment debtor by certified mail, the judgment debtor may file a Motion to Set Aside the Renewal of Judgment. That Motion to Set Aside, if successful, would relieve the judgment debtor from any further obligation to pay the judgment debt.
A Declaration for Renewal of Judgment is available, free of charge, at the Self-Help Center. You can also download the form on your computer by clicking on one of the formats underneath the form’s title below:
JUSTICE COURT DECLARATION FOR RENEWAL OF JUDGMENT
Pdf Fillable
Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file with the court.
What happens when the judgment is completely paid off?
Once the judgment is completely paid off, the judgment creditor must file a Satisfaction of Judgment with the court so that the payoff is reflected in the court’s records. This is important for a couple of reasons. First, Nevada law requires that the judgment creditor notify the court that the judgment has been paid. (NRS 17.200.) Second, an unsatisfied judgment has a negative impact on a judgment debtor’s credit report and credit score. If the judgment creditor fails to file a Satisfaction of Judgment, the judgment debtor can file a motion to have the judge declare the judgment satisfied.
A form Satisfaction of Judgment and a Motion for Satisfaction of Judgment are available, free of charge, at the Self-Help Center, or you can download the form on your computer by clicking on one of the formats underneath the form’s title below:
JUSTICE COURT SATISFACTION OF JUDGMENT
Pdf Fillable | Pdf Nonfillable
JUSTICE COURT MOTION FOR SATISFACTION OF JUDGMENT
Pdf Nonfillable |
Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file with the court.