How do I renew a judgment in Nevada?

Full Question:

We are looking for an affidavit to renew a judgement. In accordance with Nevada Revised Statute 17.214. Must we have an attorney file this?
09/03/2009   |   Category: Civil Actions   |   State: Nevada   |   #18421

Answer:

The procedure and standard for judgment renewal is laid out in Nevada Revised Statute NRS 17.214. An individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit.

Filing an affidavit does not require the assistance of an attorney. However, any affidavit used must comply with the contents detailed below.

Under NRS 17.214(1)(a), the affidavit of renewal must be filed with the court clerk within ninety days before the judgment expires. Also, NRS 17.214(1)(b) states, if the judgment to be renewed is recorded, the affidavit of renewal must be recorded in the county recorder’s officer within three days after the affidavit of renewal is filed. Lastly, NRS 17.214(3) requires that the affidavit of renewal be served on the judgment debtor within three days of filing, giving notice to the debtor.

Filing and contents of affidavit; recording affidavit of renewal; notice to judgment debtor.

1. A judgment creditor or his successor in interest may renew a judgment which has not been paid by:
(a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must specify:
(1) The names of the parties and the name of the judgment creditor’s successor in interest, if any, and the source and succession of his title;
(2) If the judgment is recorded, the name of the county and the number and the page of the book in which it is recorded;
(3) The date and the amount of the judgment and the number and page of the docket in which it is entered;
(4) Whether there is an outstanding writ of execution for enforcement of the judgment;
(5) The date and amount of any payment on the judgment;
(6) 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;
(7) The exact amount due on the judgment;
(8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
(9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.
All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.
(b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).
2. The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.
3. The judgment creditor or his successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to him at his last known address within 3 days after filing the affidavit.
4. Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.