Law Office of Hayes and Welsh

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Many of the laws adopted and enacted by the states are promulgated and updated by the Uniform Law Commission. The ULC website provides helpful information not only about longtime statutes, such as the Uniform Enforcement of Foreign Judgments Act and the UCC, but some that have recently been adopted. The following FAQ from the ULC website describes this role:

What is the Uniform Law Commission?

For more than a century, the Uniform Law Commission (ULC) has served the states and their citizens by drafting state laws on subjects on which uniformity across the states is desirable and practicable. It is a nonprofit unincorporated association comprised of state commissioners from each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

Now in its 122nd year, the ULC is the nation’s oldest state governmental association. A nonpartisan, volunteer organization, the ULC is the source of more than 300 acts that secure uniformity of state law when differing laws would undermine the interests of citizens throughout the United States.

How are Uniform Law Commissioners Appointed?

Every ULC commissioner must be an attorney. Each jurisdiction determines the method of appointment and its number of commissioners. In most states, the governor appoints the state’s commissioners to serve a specified term. In a few states, ULC commissioners serve at the will of the appointing authority and have no specific term.

ULC commissioners are volunteers who do not receive salaries or other compensation for their public service.

What is a Uniform State Law?

The Uniform Law Commission drafts uniform laws for the states to consider and enact. A uniform act is one that seeks to establish the same law on a subject among the various jurisdictions. When the term “uniform” is used in the nation’s laws, it is highly likely that the ULC drafted the act.

The ULC also promulgates “model” acts. An act may be designated as “model” if the act’s principal purposes can be substantially achieved even if the act is not adopted in its entirety by every state.

The Nevada Legislature is currently in session. The Legislature has an excellent website that makes researching and tracking pending legislation very easy. To research and track legislation, the website is: https://www.leg.state.nv.us.

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.

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.