3275 South Jones Blvd., Suite 105
Las Vegas, NV 89146
On September 18, 2014 the Nevada Supreme Court finally settled a long standing battle between Homeowner Associations (HOA’s) and Banks when it decided the case of SFR Investments Pool 1 v. U.S. Bank, 130 Nev. Adv. Op. 75, 334 P.3d 408, 409 (2014), reh'g denied (Oct. 16, 2014).
After going through the time and expense of suing someone, say you finally obtain a judgment against that person. What then? It is unlikely that person will simply hand you a check for the money that they owe you. More than likely, you will need to take action to collect it if the other party will not voluntarily pay the judgment amount. A common misconception that many clients have is the court will collect their judgment for them. That is not the case. The burden is on you to locate the other party's assets and try to seize them in satisfaction of your judgment. However, the court will issue the orders and other documents required to force the debtor to pay. One of those ways is called garnishment. This is when you get a court order called a Writ of Garnishment to obtain a portion of the defendant's wages. In order to garnish wages you must know the name and address of the employer of the person you have the judgment against.
These are the infamous words spoken by Maury Povich on his day-time talk show, which frequently determines paternity for a child born out of wedlock. Although talk shows dramatize the issues of paternity, an action to establish paternity can be emotionally charging and involve complex legal issues.
Picking up from my last article, now that you have correctly and properly served the appropriate Notices, you have initiated the steps to legally terminate the tenant’s occupancy for failure to pay rent. If as a result of the notices you served the tenant has failed to move out, he is now in “unlawful detainer” of the premises. Nevada law states that a tenant is guilty of unlawful detainer when he continues in possession of the premises after default in payment of rent and after the landlord has delivered the Notices described in the first portion of this article. An eviction action may only be initiated once the tenant is in unlawful detainer.
Are you or your company in the market to buy a high-end home? If so, then it is probably safe to say that you and/or your company would like to keep the transaction as private as possible and away from the paparazzi.
Not every case is worth millions of dollars. Sometimes, a client may only be owed a few hundred or a few thousand dollars. Yet, many individuals and businesses rely on such money to properly operate and survive. Some do not see the economic advantage in pursuing such small claims against those who owe them money. But, many others understand that over time, these "small" amounts add up to big losses. So, what if you are owed money by someone who refuses to pay you. What if someone wronged you, but the damages are minimal. Can you still pursue a legal action? The answer is YES.
We are full swing into the holiday season as Thanksgiving, Hanukkah, Christmas and New Years quickly approach. It is a time for family and friends to gather and celebrate, but unfortunately, all of that holiday cheer can bring about unwanted legal woes.
An issue of increasing interest to Nevada residential-property landlords is the problem created when tenants fall behind on their rent or otherwise breach their lease, and you have to evict them. This article will provide an overview of the notice and procedural requirements necessary to initiate the eviction proceedings (continued in my next blog entry). There are a number of traps to be wary of in exercising your rights as a landlord as you try to have a tenant removed from your property.
Many times I get asked the following question, “I want to protect my assets but I do not know if I should have a Trust or a Will or is it even necessary to have either”. While I personally do not draft the Wills or Trusts in this office, that task is left to Dimitri Dalacas, Esq., and John McMillan, Esq., I am responsible for handling the Probate cases. To that end, I always answer the foregoing question with based on the information I receive from the following questions: (1) Are you married? (2) Do you have children? (3) Do you have property that you acquired prior to the time that you were married or that you acquired as a result of inheritance that you have not transferred into your spouse’s name?; and (4) How large is your Estate?
If you are alive you have legal issues. Whether it arises by virtue of your business, your employment, your property, your relationships, your life, your employment, your property and/or your estate, there are legal ramifications. I have always maintained that it is better to be proactive with legal issues than reactive. Well you might say, but lawyers are expensive. To that end I am reminded of an old commercial by the Fram Oil Company in connection with the sale of their oil filters. The tag line goes “You can pay me now or pay me later.” The point was that one can purchase an oil filter for a small price in order to maintain one’s engine or one can choose to neglect replacing the oil filter, which will likely lead to a much greater expense in engine repairs.