NRS
17.214 Filing and contents of affidavit; recording affidavit; notice to
judgment debtor; successive affidavits.
1. Except as otherwise provided in NRS 484A.7047, a judgment creditor or a
judgment creditor’s 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 be titled as an
“Affidavit of Renewal of Judgment” and 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 or her title;
(2) If the judgment is recorded, the name
of the county and the document number or 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.
Ê 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 the judgment
creditor’s 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 the judgment debtor at his or her
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.
(Added to NRS by 1985,
699; A 1995,
1525; 2011,
2409; 2021,
3350)
CONTRIBUTION AMONG TORTFEASORS
Notes of Decisions
Cited in
26
cases (
8 in the last 5 years), 1994–2023 · leading case:
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
· cites it 40× “: This proper person appeal presents us with an opportunity to clarify the proper procedure for judgment renewal under NRS 17.214 and to address whether judgment creditors are required to strictly comply with the statute’s requirements.”
O'LANE v. Spinney, 874 P.2d 754 (Nev. 1994).
· cites it 10× “On August 29, 1990, approximately six years and ninety days after the entry of her default judgment, Spinney attempted to renew her judgment by filing a renewal affidavit pursuant to NRS 17.214. On March 8, 1991, the district court appointed a receiver to take control of…”
Kuptz-blinkinsop Vs. Blinkinsop, 2020 NV 40 (Nev. 2020).
· cites it 12× “We also hold that respondent was not required to renew the divorce decree pursuant to NRS 17.214 to enforce his real property rights and that appellant's partition action is barred by claim preclusion.”
BMO Harris Bank v. Whittemore (Nev. 2023).
· cites it 114× “: In this opinion, we revisit the procedure to renew a judgment under NRS 17.214 and consider whether a judgment creditor must strictly comply with the certified mail method-of-notice requirement outlined in NRS 17.”
Lloyd v. Bank of the South, 796 So. 2d 985 (Miss. 2001).
“Nev.Rev.Stat. § 17.214 (1999). While Georgia, on the other hand, mandates that an "action to renew a dormant judgment shall be brought in the county where the defendant in judgment resides at the commencement of the action.”
Worsnop Vs. Karam (Nev. 2020).
· cites it 18× “Worsnop filed a motion to set aside the renewed judgment and to declare the expired judgment void, arguing that Karam failed to comply strictly with the express terms of NRS 17.214. Karam responded that he properly used the alternative common law method for renewing his judgment.”
Sphere, LLC v. Pawnee Leasing Corp. (D. Nev. 2023).
· cites it 10× “In Leven, a judgment 10 creditor timely filed an affidavit of judgment renewal but failed to serve or record the 11 affidavit according to the timeline set by the renewal statute, NRS § 17.214. See 168 12 P.3d at 714. The debtor moved to declare void the expired judgment.”
Influence Ent. v. 3765 Holding, LLC (D. Nev. 2021).
· cites it 8× “Nev. Rev. Stat. § 17.214 . “NRS 17.214 13 requires a judgment creditor to timely file, record (when the judgment to be renewed is 14 recorded), and serve his or her affidavit of renewal to successfully renew a judgment.”
Jones Vs. Urbanski C/W 78094 (Nev. 2020).
· cites it 7× “Before the judgment expired, the Urbanskis filed the affidavit required to renew it pursuant to NRS 17.214. In their renewal papers, the Urbanskis certified that they served Jones with the affidavit of renewal at an address in Union City, Georgia, which was listed as Jones's…”
Jones Vs. Urbanski C/W 78094 (Nev. 2020).
· cites it 7× “Before the judgment expired, the Urbanskis filed the affidavit required to renew it pursuant to NRS 17.214. In their renewal papers, the Urbanskis certified that they served Jones with the affidavit of renewal at an address in Union City, Georgia, which was listed as Jones's…”
Influence Ent. v. 3765 Holding, LLC (D. Nev. 2023).
· cites it 7× “Nev. Rev. Stat. § 17.214 . “NRS 17.214 requires a judgment 20 creditor to timely file, record (when the judgment to be renewed is recorded), and serve his or 21 her affidavit of renewal to successfully renew a judgment.”
Miller v. Crisis Collection Mgmt., LLC (D. Nev. 2022).
· cites it 5× “” Nev. Rev. Stat. § 17.214 (3). Plaintiff asserts that because defendants mailed the 9 affidavit too early, they forfeit their right to renew the judgment.”
— Nev. Rev. Stat. § 17.214(1) — 3 cases
Kuptz-blinkinsop Vs. Blinkinsop, 2020 NV 40 (Nev. 2020).
“We also hold that respondent was not required to renew the divorce decree pursuant to NRS 17.214 to enforce his real property rights and that appellant's partition action is barred by claim preclusion.”
BMO Harris Bank v. Whittemore (Nev. 2023).
“: In this opinion, we revisit the procedure to renew a judgment under NRS 17.214 and consider whether a judgment creditor must strictly comply with the certified mail method-of-notice requirement outlined in NRS 17.”
Influence Ent. v. 3765 Holding, LLC (D. Nev. 2021).
“Nev. Rev. Stat. § 17.214 . “NRS 17.214 13 requires a judgment creditor to timely file, record (when the judgment to be renewed is 14 recorded), and serve his or her affidavit of renewal to successfully renew a judgment.”
— Nev. Rev. Stat. § 17.214(1)(a) — 4 cases
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
“: This proper person appeal presents us with an opportunity to clarify the proper procedure for judgment renewal under NRS 17.214 and to address whether judgment creditors are required to strictly comply with the statute’s requirements.”
Worsnop Vs. Karam (Nev. 2020).
“Worsnop filed a motion to set aside the renewed judgment and to declare the expired judgment void, arguing that Karam failed to comply strictly with the express terms of NRS 17.214. Karam responded that he properly used the alternative common law method for renewing his judgment.”
BMO Harris Bank v. Whittemore (Nev. 2023).
“: In this opinion, we revisit the procedure to renew a judgment under NRS 17.214 and consider whether a judgment creditor must strictly comply with the certified mail method-of-notice requirement outlined in NRS 17.”
Miller v. Crisis Collection Mgmt., LLC (D. Nev. 2022).
“” Nev. Rev. Stat. § 17.214 (3). Plaintiff asserts that because defendants mailed the 9 affidavit too early, they forfeit their right to renew the judgment.”
— Nev. Rev. Stat. § 17.214(1)(b) — 4 cases
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
“: This proper person appeal presents us with an opportunity to clarify the proper procedure for judgment renewal under NRS 17.214 and to address whether judgment creditors are required to strictly comply with the statute’s requirements.”
BMO Harris Bank v. Whittemore (Nev. 2023).
“: In this opinion, we revisit the procedure to renew a judgment under NRS 17.214 and consider whether a judgment creditor must strictly comply with the certified mail method-of-notice requirement outlined in NRS 17.”
Worsnop Vs. Karam (Nev. 2020).
“Worsnop filed a motion to set aside the renewed judgment and to declare the expired judgment void, arguing that Karam failed to comply strictly with the express terms of NRS 17.214. Karam responded that he properly used the alternative common law method for renewing his judgment.”
— Nev. Rev. Stat. § 17.214(2) — 3 cases
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
“: This proper person appeal presents us with an opportunity to clarify the proper procedure for judgment renewal under NRS 17.214 and to address whether judgment creditors are required to strictly comply with the statute’s requirements.”
BMO Harris Bank v. Whittemore (Nev. 2023).
“: In this opinion, we revisit the procedure to renew a judgment under NRS 17.214 and consider whether a judgment creditor must strictly comply with the certified mail method-of-notice requirement outlined in NRS 17.”
Sphere, LLC v. Pawnee Leasing Corp. (D. Nev. 2023).
“In Leven, a judgment 10 creditor timely filed an affidavit of judgment renewal but failed to serve or record the 11 affidavit according to the timeline set by the renewal statute, NRS § 17.214. See 168 12 P.3d at 714. The debtor moved to declare void the expired judgment.”
— Nev. Rev. Stat. § 17.214(3) — 6 cases
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
“: This proper person appeal presents us with an opportunity to clarify the proper procedure for judgment renewal under NRS 17.214 and to address whether judgment creditors are required to strictly comply with the statute’s requirements.”
BMO Harris Bank v. Whittemore (Nev. 2023).
“: In this opinion, we revisit the procedure to renew a judgment under NRS 17.214 and consider whether a judgment creditor must strictly comply with the certified mail method-of-notice requirement outlined in NRS 17.”
Jones Vs. Urbanski C/W 78094 (Nev. 2020).
“Before the judgment expired, the Urbanskis filed the affidavit required to renew it pursuant to NRS 17.214. In their renewal papers, the Urbanskis certified that they served Jones with the affidavit of renewal at an address in Union City, Georgia, which was listed as Jones's…”
Jones Vs. Urbanski C/W 78094 (Nev. 2020).
“Before the judgment expired, the Urbanskis filed the affidavit required to renew it pursuant to NRS 17.214. In their renewal papers, the Urbanskis certified that they served Jones with the affidavit of renewal at an address in Union City, Georgia, which was listed as Jones's…”
— Nev. Rev. Stat. § 17.214(4) — 1 case
Influence Ent. v. 3765 Holding, LLC (D. Nev. 2021).
“Nev. Rev. Stat. § 17.214 . “NRS 17.214 13 requires a judgment creditor to timely file, record (when the judgment to be renewed is 14 recorded), and serve his or her affidavit of renewal to successfully renew a judgment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.