A judgment creditor may renew a judgment which has not been paid
Judgments expire 6 years from the date of their entry unless they are renewed. See NRS NRS 11.190(1)(a) and 70.010(1). This section will address the process of renewing a judgment and will address:
oHow do I renew a judgment?
oWhat information must be included in the Affidavit of Renewal?
oDoes a bankruptcy filing affect a plaintiff's ability to renew its judgment?
How do I renew a judgment?
The Affidavit of Renewal
How do I renew a judgment?
A judgment creditor may renew a judgment which has not been paid by:
1.Filing an Affidavit of Renewal (link to form) with the court within 90 days before the judgment expires (See NRS 17.214(1)(a));
2.Recording the Affidavit of Renewal in the county recorder's office within 3 days after the Affidavit of Renewal is filed if the judgment to be renewed is recorded (See NRS 17.214(1)(b)); and
3.Serving the Affidavit of Renewal on the judgment debtor within 3 days of filing. See Browning v. Dixon, 114 Nev. 213, 217 (1998).
What information must be included in the Affidavit of Renewal?
The Affidavit of Renewal must contain
The Affidavit of Renewal must contain:
a. The names of the parties and the name of the judgment creditor's successor in interest, if any (i.e. if there was an Assignment), and the source and succession of his title;
b. If the judgment is recorded, the name of the county and the number and the page of the book in which it is recorded;
c. The date and the amount of the judgment;
d. Whether there is an outstanding writ of execution for enforcement of the judgment;
e. The date and amount of any payment on the judgment;
f. Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;
g. The exact amount due on the judgment; and
Does a bankruptcy filing affect a plaintiff's ability to renew its judgment?
No. The United States Bankruptcy Code creates an automatic stay upon the filing of a bankruptcy petition of "any act to create, perfect, or enforce any lien against property of the estate" or "any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the [bankruptcy] case." 11 U.S.C. ? 362(a). Renewing a judgment is considered a ministerial act intended to notify parties in interest of the existence of a judgment, and does not serve as a vehicle for enforcing the judgment
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Howard Roitman, Esq.
8921 W. Sahara Ave.
Las Vegas, Nevada 89117