Many creditors use garnishments as a means to enforcing their judgments. In a recent Nevada Supreme Court decision, Pacific Western Bank, v. The Eighth Judicial District Court 132 Nev. Adv. Op. 78 (2016), the Court recognized that a garnishment can occur on assets physically residing outside Nevada as long as the garnishee has contacts with Nevada in order to receive the writ. The case involved a Nevada creditor attempting to reach a student savings plan, under the direction of Wells Fargo bank in Nevada where Wells Fargo contracted with an out of state servicer for the student savings plan. The Court also recoginzed that laws should be interpreted broadly to allow for the collection of valid court judgments.
Hayes and Welsh is a top ranked commercial litigation law firm with expertise and experience in creditor’s rights action.
The 2017 Nevada Legislature will convene February 6, 2017. Legislation usually includes changes to Nevada’s collection and creditor laws as well as changes to judicial procedure. The attorneys at Hayes and Welsh follow these major legislative changes. Future blog posts will include important new legislation.
New Supreme Court Justice Lidia Stiglich
Newly appointed Nevada Supreme Court Justice Lidia S. Stiglich
will take the official oath of office during her investiture at 3 p.m. on January 9 in the Nevada State Library and Archives Building in Carson City.
The investiture will occur during a special session of the Nevada Supreme Court. Chief Justice Michael A. Cherry will provide opening and closing remarks, and will administer the oath of office to the court’s new colleague.
Governor Bryan Sandoval and former U.S. Senator Richard Bryan will address the expected crowd of about 200 people. Second Judicial District Court Chief Judge Patrick Flanagan will also make remarks. The invocation will be offered by Zelalem Bogale, and a benediction will be given by S. Timothy Summers.
Governor Sandoval appointed Justice Stiglich from her seat on the Second Judicial District Court to the Supreme Court on Nov. 10, 2016.
Those attending are cordially invited to attend an investiture reception to follow in the rotunda of the Supreme Court building.
The Nevada Film Office https://www.nevadafilm.com publishes its Nevada Film Directory listing businesses that have expertise in the film industry. Hayes and Welsh is listed in the directory under the categories of permitting and entertainment law. Hayes and Welsh has experience in all forms of licensing and permitting and can be of assistance with film and movie production, contracts, employee matters, litigation, taxation, etc.
Governor Brian Sandoval, First Lady Kathleen Sandoval, Nevada Supreme Court Justice Nancy Saitta, and legislative and community leaders gathered Wednesday to launch a comprehensive review of Nevada’s juvenile justice system in an effort to further strengthen public safety and improve outcomes for youth in the state.
All Nevada businesses by now should have received a Welcome to Nevada Commerce Tax letter from the Nevada Department of Taxation. Effective July 1, 2015 the law, SB483 imposes an annual commerce tax in Nevada. The Law Office of Hayes and Welsh can answer your questions and assist with filing the Nevada Commerce Tax.
On July 1, the Judicial Conference Advisory Committee on Bankruptcy Rules published a proposed amendment to Bankruptcy Rule 3015 and new Rule 3015.1. The committee has invited the bench, bar, and public to comment on them.
The proposed amendments, rules committee reports explaining the proposed changes, and instructions on how to submit comments areposted on uscourts.gov
The public comment period ends October 3.
Many Nevada corporations forego formal dissolution or winding up when the corporation is no longer needed by its shareholders. Many owners of corporations decide to merely stop paying the annual incorporation fee as a method to put the entity out of business. This process does not comply with Nevada statutes (NRS 78.585;78.590 and 78.600) and may have adverse consequences to its shareholders, officers and directors. A good discussion of the corporate dissolution process can be found in Canarelli v. District Court, 127 Nev. Ad. Op. 72 (2011) The Canarelli decision involved specifically whether an unwilling director can be forced to act as a dissolution trustee (he or she cannot) and also provides a good overview of the dissolution process.
Hayes and Welsh attorney Larson Welsh has been recognized by the trusted ratings service Super Lawyers as a Rising Star for 2016 in the area of Creditor and Debtor Rights. Larson was one of four attorneys to receive this recognition for the Mountain States which includes the states of Nevada, Utah and Idaho.
Ron Parraguirre Becomes Chief Justice
Chief Justice Ron D. Parraguirre has assumed the administrative post of the Nevada Supreme Court from Justice James W. Hardesty. During the next year, Parraguirre will focus his efforts, among other tasks, on improving the Supreme Court’s pro bono efforts and supporting specialty courts throughout the state.
With the exception of the Nevada Court of Appeals, Parraguirre has served at every level of the courts in the Nevada judiciary. He also has received and maintained among the highest ratings in the bi-annual judicial surveys during his tenure on the bench.
Parraguirre is a fourth-generation Nevadan and a second-generation judge. His family emigrated from the Basque country to western Nevada in the 1870s to ranch the country south of Carson City.
The chief justice has a variety of responsibilities as administrative head of the state’s legal system and represents the Nevada judiciary with state and local officials and nationally. During his term, former Chief Justice Hardesty was elected Second Vice President and a member of the Board of Directors for the Conference of Chief Justices of the United States.