The first question is whether you already have a judgment from a court. 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. Failure to either appear or be truthful can result in the court holding the debtor in contempt.
If you do not already have a judgment, then a lawsuit against the debtor will be necessary. The legal process to obtain the judgment from a debtor who does not contest the debt in court generally takes 60-90 days in Nevada. The debtor will be given notice of the lawsuit and have an opportunity to explain why the debt is not owed. However, Nevada recognizes that the inability to pay a debt for lack of money is not a defense to the debt. Once the judgment is obtained and filed, then the legal options to collect as described above are available.
You can call our law offices today to speak directly with Garry Hayes regarding your matter.
The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.