The collection and litigation lawyers at Adams & Rocheleau are well versed in the collection of judgments and the locating of debtor's assets. Adams & Rocheleau has considerable experience not only in simple judgment collection matters, but also focuses on the collection of judgments against corporations, limited liability companies, limited partnerships and complex asset protection structures and schemes. A general outline of our post-judgement procedures is as follows:

1. Obtaining Judgment. The first step in post-judgment collections is to obtain judgment. A judgment is defined as the final determination of the rights of the parties in an action or proceeding. The judgment is to be distinguished from an "orderē which is a direction of the court or judge made or entered in writing, and not included in the judgment. A judgment may be entered in a number of ways, including by confession, by stipulation, by default, following a motion for summary judgment, after trial, or upon entry of an arbitration award. Judgment may also be entered to enforce the provisions of a settlement entered into in writing or on the record in open court.
2. Recordation of Judgment. Once obtained, the collection lawyers at Adams & Rocheleau will record a certified copy of the judgment in the county in which the debtor resides or owns real property. When recorded, the judgment becomes a lien upon all real property of the debtor, not exempt from execution, which the debtor then has or thereafter acquires. In Nevada, the lien continues for a period of 6 years from the date of entry of judgment. The judgment may be renewed every 6 years.
3. Interest/Costs and Fees on Judgment. The judgment creditor is entitled to recover interest on the principal amount of the judgment that remains unsatisfied. The rate of interest on a money judgment is 2% over the prime rate of the largest bank in Nevada. A judgment creditor is also entitled to recover the "reasonable and necessary costsē incurred in enforcing the judgment, including attorney's fees, if the underlying judgment provides for an award of attorney's fees. Enforcement costs can include:
   • Fees and costs mandated by contractual provisions contained in any agreement executed by the debtor and creditor;
   • Statutory fees and costs for issuing and serving a writ of execution or earnings withholding order to the extent they are not satisfied by the levy or garnishment;
   • Statutory fees for issuing and recording an abstract of judgment or certified copy of a judgment;
   • Statutory fees for filing a notice of judgment lien on personal property; and
   • Reasonable and necessary costs incurred in connection with debtor's examinations and other enforcement proceedings.
4. Debtor's Exams. NRS 21.270 to 21.340 provide for proceedings by which the debtor and third persons may be required to testify before a judge, master, or an attorney representing the judgment creditor regarding the debtor's assets. Under these provisions, orders can be entered requiring the debtor to apply designated assets to the judgment under threat of contempt. The collections lawyers at Adams & Rocheleau conduct an intense and well-prepared examination of the judgment debtor to locate any and all assets which may be seized by execution or garnishment or which may be used to reach an agreement for installment payments or some other arrangement for the satisfaction of the judgment.
5. Writs of Execution and Garnishment. After the required 10 days after notice of entry of judgment, the collection lawyers at Adams & Rocheleau immediately proceed to execution. All of the debtor's property (not exempt by statute) is subject to execution. Real property, automobiles, boats, recreation vehicles, jewelry, cash on hand, furniture, equipment, interests in businesses, corporations or LLC's, etc., which are in the possession of the debtor are subject to seizure through execution. Garnishment, on the other hand, refers to the seizure of property owned by the debtor which are in the hands of a 3rd party. For example, a debtor's bank account can be seized by a writ of garnishment in aid of execution since it is property of the debtor in the bank's possession. Wages may also be garnished because wages are the property of the debtor which are temporarily in the hands of the debtor's employer. Through garnishment, the employer is forced to pay to the creditor a substantial percentage of the debtor's income.
6. Orders in Aid of Execution. Once a writ of execution has been issued, the judgment creditor may apply to the court for a "turnover orderē directing the judgment debtor to transfer to the levying officer the property sought to be levied upon. Turnover orders are enforceable by contempt proceedings, and may be used to obtain possession of either:
   • Tangible personal property that is sought to be levied upon; or
   • Documentary evidence of title to property sought to be levied upon (e.g., certificate of ownership of vehicles) or of a debt sought to be levied upon (e.g., promissory note).

A turnover order may be requested only after a writ of execution has issued. The order may be sought and granted on an ex-parte basis unless the court rules require a notice of motion or the court directs that the request be made on notice of motion. The order must be served on the judgment debtor personally, and must contain a notice to the judgment debtor.

1. Judgment entered;
2. Notice of entry of judgment is served before execution;
3. Judgment is enforceable 10 days after notice of entry of judgment;
4. Judgment is recorded in each county in which the debtor resides or owns real property;
5. The collections lawyers at Adams & Rocheleau initiate supplementary proceedings by filing ex-parte motions to authorize debtor's examinations, if necessary;
6. Adams & Rocheleau causes a writ of execution to be levied against the debtor by:
   • Delivering the writ and several copies to the sheriff of the county in which the asset is located;
   • Requesting the sheriff to serve a writ of garnishment with the writ of execution to a 3rd party holding property or monies of the debtor;
   • Checking with the levying officer to determine the officer's progress and to determine the date and location of seizure and sale;
   • Determining and attending the sale of the debtor's assets (if other than cash);
   • Obtaining the proceeds of the sale from the levying officer;
   • Starting the execution process again if the judgment has not been fully satisfied.