More Than You Want to Know About Renewing Judgments
Generally, a judgment is only valid for six years from the date it was entered. NRS § 11.190(1)(a). This means that if the judgment is not collected within that six-year period, the ability to collect the judgment expires. However, Nevada allows for judgments to be renewed, which if done correctly will continue the judgment for another six years from the date of renewal. This process has several steps but they cannot be done incorrectly because Nevada courts strictly enforce the statutory procedure. As the Nevada Supreme Court put it “NRS 17.214’s mandatory requirements of filing, recording, and service of the affidavit are plainly set forth and must be followed for judgment renewal.” Leven v. Frey, 123 Nev. 399, 403 (2007).
When a Judgment can be Renewed
NRS § 17.214 sets forth the process for renewing judgments. Even though the judgment itself is valid for a six-year period, it must be renewed before it expires. The statute requires the renewal process to begin within 90 days before the date the judgment expires . If the process is correctly followed, the renewed judgment will be valid for six years. Additionally, the judgment can essentially be continually renewed forever, following the same procedure of renewal prior to expiration of the renewed judgment.
The Affidavit of Renewal of Judgment
To renew a judgment, the judgment creditor (the party to whom the judgment is owed) must file an “Affidavit of Renewal of Judgment” with the clerk of the court. This must be the same court where the judgment was entered and docketed. The affidavit must contain the following information:
Names of the parties to the judgment;
The date and amount of the judgment;
The number and page of the docket in which the judgment is entered;
Information as to whether there is an outstanding writ of execution for enforcement of the judgment;
The date and amount of any payment on the judgment;
Whether there are any setoffs or counterclaims in favor of the judgment debtor;
The exact amount due on the judgment;
If the judgment was docketed by the clerk upon a certified copy from another court, and an abstract of judgment has been recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and
Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.
A very important requirement of the statute is that the Affidavit “must be based on the personal knowledge of the affiant, and not upon information and belief.” If there is information that you may need to seek out prior to renewing the judgment, you may want to start preparing your affidavit and gathering the necessary information early. Within three days of filing the affidavit with the court, the judgment creditor must send a copy of the affidavit by certified mail, return receipt requested, to the judgment debtor’s last known address.
Judgments are often recorded with a county clerk to assist with collection efforts. If the judgment has been recorded, the affidavit must also include the name of the county of recording and either the document number of the recorded judgment or the number of the page of the book where it was recorded. Additionally, the within three days of filing the affidavit of renewal, the affidavit must also be recorded with the county where the judgment has been recorded.
Renewing a judgment is a valuable tool for a party still trying to collect on a judgment that has not been fully paid. Because there are important deadlines for filing the affidavit of renewal of judgment, and detailed information must be included in the affidavit, consulting an attorney who is familiar with the process can help ensure your judgment renewal goes smoothly and provides additional time for collection.
As always, “If you think you might need an attorney, you probably do.” Contact us here to set up a complimentary consultation.