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Nevada Civil Litigation Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Contracts for Nevada on
Q: Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

I am dealing with a situation where the family court has entered a judgment for the division of several joint accounts, but the defendant has delayed execution and transferred the joint assets. The defendant's appeal has been dismissed, and there is a motion without progress. Currently,... View More

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answered on Mar 13, 2025

A lis pendens (or "notice of pending litigation") is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Nevada on
Q: Can a mechanic shop charge me storage of a vehicle and put a lien on my vehicle while I was on federal jury duty?
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answered on Oct 3, 2024

Every circumstance is unique, thus even if you're worried about being charged storage costs and having a lien placed on your car while on federal jury service, you should see an attorney to evaluate the particular facts of your case. Still, these are some broad issues:

Mechanic shops...
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2 Answers | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: My father passed a few years ago. My stepmother said I lost my inheritance. I was the sole trustee and beneficiary

I believe it was a revocable trust. Can she remove me after my dad’s death? How do I get a copy without knowing the attorneys they used?

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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your father died away and you are unsure of your position as trustee or beneficiary of a revocable trust—you should be careful to consult with an attorney who specializes in trusts and estates. Here are some broad ideas,... View More

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1 Answer | Asked in Civil Litigation for Nevada on
Q: My wife was kicked out of a Las Vegas business under the belief that she was smoking when she has never smoked.
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answered on Aug 20, 2024

Being asked to leave a business based on an incorrect assumption can be both frustrating and unfair, particularly when the accusation is untrue. In situations like this, the legal implications can vary depending on the specifics, such as whether the incident involved any discriminatory behavior or... View More

1 Answer | Asked in Civil Litigation for Nevada on
Q: My wife (in a small wheelchair and disabled) was not allowed into a shoe store because she is in a wheelchair.

The aisles in the store are presumably too narrow to allow a wheelchair in. The aisles are not fixed in place however and are comprised of stacked shoe boxes only. Can we sue under ADA laws?

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answered on Aug 20, 2024

The situation you described raises important concerns under the Americans with Disabilities Act (ADA), which is designed to ensure that individuals with disabilities have equal access to public spaces. The ADA requires businesses to make reasonable accommodations to provide access to their goods... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: Can an unborn child be the sole inheritance of a residential home ?

And if the child is not born, can there be a provision for the property to go to the state ? Bypassing the Child's parents.

Anthony M. Avery
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answered on Jun 21, 2024

A very good attorney could draft such a future interest deed (contingent remainder; subject to an executory interest; etc.) which would not violate the Rule Against Perpetuities. Very few attorneys can draft an enforceable deed such as that, and no title companies. You will need to hire a NV... View More

1 Answer | Asked in Civil Litigation and Securities Law for Nevada on
Q: Hello, just want to find out if i can use small claims court to recover stock losses due to fraudulent public statements

made by CEO of company. Will small claims hear this type of case? Thanks

James L. Arrasmith
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answered on Mar 2, 2024

In most cases, small claims courts are designed to handle disputes involving relatively small amounts of money. Claims related to stock losses due to fraudulent public statements made by a CEO of a company might involve complex legal issues and substantial financial damages, which may exceed the... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Nevada on
Q: What kind of lawyer do I need? Me and my girlfriend broke up and we own the house and property and 2 cars Together?

And it's payed off. The problem is that she went mannic and left to another state and cheated on me wreck 2 of the 3 cars and I'm on the title of all of it and insurance and on the title of the cars say and instead of or. So I'm in very bad situation. It's in nevada. Please help

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, given the complex situation involving jointly owned property, vehicles, and a breakup with your girlfriend, you may need the expertise of an attorney specializing in both Real Estate Law and Civil Litigation. A real estate attorney can assist you in navigating the legal aspects related... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Contracts and Personal Injury for Nevada on
Q: Paving company accepted liability for car damage but check is delayed. When to take legal action?

In September 2024, my car was side-swiped by a paving truck in Nevada, and the paving company has accepted liability. Although they agreed to issue a check for the damages weeks ago, I have yet to receive it. There's an email showing they can't issue the check until they hear from my... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2025

A Nevada attorney could advise best, but your question remains open for a week. The point would be when you risk missing the statute of limitations. That's something a local attorney should advise on, based on Nevada civil procedure law. But it looks like this has been going on for close to... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Nevada on
Q: What should I file to correct an incorrect custody type in a motion and address alleged parental alienation?

I am currently subject to a custody order stipulated as sole physical and sole legal custody. However, my ex-husband's attorney has filed a motion to modify custody, incorrectly stating that I have primary physical custody. The modification request is based on alleged parental alienation. I... View More

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answered on May 2, 2025

Thank you for your question. In this situation, it’s crucial to respond promptly and correctly to protect your custodial rights.

Here’s a general outline of what you may consider filing:

Opposition to Motion to Modify Custody – You should file a formal Opposition to the motion...
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1 Answer | Asked in Landlord - Tenant, Consumer Law, Civil Litigation and Real Estate Law for Nevada on
Q: How can I get out of a misleading lease with undisclosed surveillance in Nevada?

I signed a lease two weeks ago for a furnished rental home, under the impression that I was leasing the entire private residence, as the lease lists only me as the tenant and does not mention shared occupancy or common areas. After moving in, I discovered a surveillance camera inside the home... View More

James L. Arrasmith
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answered on Apr 15, 2025

What you're dealing with sounds like a serious breach of trust and possibly your legal rights as a tenant. If the lease does not mention shared living or surveillance, and these were not disclosed before you signed, that could be grounds for misrepresentation. Hidden or undisclosed cameras... View More

1 Answer | Asked in Child Custody, Civil Litigation and Criminal Law for Nevada on
Q: Can I file for emergency custody due to safety concerns with mother's new spouse's criminal activities?

I am the father of a 5-year-old daughter involved in an ongoing custody case. We currently have a 50/50 custody schedule based on a verbal agreement. Our first court hearing is scheduled for 3/25/25. My daughter's mother is married to a convicted felon with charges related to cocaine... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can file for emergency custody if you believe your daughter’s safety is at risk. Given the serious nature of the criminal activities involving your daughter’s mother's spouse, you can present your evidence to the court, including photos, videos, and any other documentation you... View More

2 Answers | Asked in Probate, Family Law, Social Security, Civil Litigation and Public Benefits for Nevada on
Q: Executor failed to file will timely affecting 1/3 property in Nevada; I'm excluded from will but paid taxes jointly. Legal options?

My husband passed away two years ago on April 15th, 2023. We had been separated for quite some time but never filed separation papers, and we were married for 39 years at the time of his death. The executor named in his will failed to file the will in a timely manner, necessitating the hiring of an... View More

Jennifer Setters
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answered on May 2, 2025

I'm truly sorry you're facing this difficult and unjust situation. Based on Nevada law and the circumstances you've described, you likely have legal options—even if you are excluded from the will—especially since:

You were still legally married at the time of your...
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1 Answer | Asked in Criminal Law and Civil Litigation for Nevada on
Q: What to do if my daughter, a minor, is charged with shoplifting and I'm asked to pay?

My 16-year-old daughter was caught shoplifting at a store with merchandise totaling $70. The store retrieved the merchandise, but their lawyer sent us a letter demanding $168. The police were involved, and now there's a court date scheduled in a couple of months because the store pressed... View More

James L. Arrasmith
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answered on Apr 12, 2025

The civil demand letter you received is a request from the store for payment to cover costs related to shoplifting prevention, not just the merchandise value. Avvo While this practice is common in retail theft cases, many legal experts recommend carefully considering your options before paying, as... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Real Estate Law for Nevada on
Q: Options when BOD spends HOA funds without approval

I've noticed that our Board of Directors (BOD) spent $100,000 to install an electric fence/gate to the parking lot without holding a ballot, which is required by our CC&Rs. There have been minutes of BOD meetings regarding this decision. What are some options for homeowners when the BOD... View More

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answered on Apr 12, 2025

If the Board of Directors (BOD) spent HOA funds without the required approval from homeowners, you have several options to address the situation. First, review the HOA’s CC&Rs (Covenants, Conditions, and Restrictions) and bylaws to confirm the specific voting requirements for expenditures. If... View More

2 Answers | Asked in Divorce, Family Law and Civil Litigation for Nevada on
Q: Options for divorce settlement issues in Nevada and California: dealing with excluded assets and costly forensic review.

I live in Nevada, and my spouse lives in California. I filed for divorce in California, and we've just had a divorce settlement conference, but I'm unhappy with the settlement and my attorney. The settlement excludes assets I brought into the marriage and disallows my inheritance from my... View More

Jennifer Setters
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answered on Mar 31, 2025

Reevaluate and Renegotiate the Settlement

Discuss Your Concerns:

You can speak with your attorney about your dissatisfaction with the settlement—specifically the exclusion of premarital assets and your inheritance. This could open the door to renegotiating the terms before...
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1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Civil Rights for Nevada on
Q: Do hotels have to let guests clean up after search warrants?

I want to know if hotels are required to give guests time to clean up after a search warrant execution. In my case, the search was conducted in my hotel room, there was no communication from the hotel about it, and all my bags were emptied out onto the floor.

James L. Arrasmith
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answered on Mar 24, 2025

I understand how frustrating and disorienting this situation must be for you. When law enforcement executes a search warrant in a hotel room, they typically have no obligation to clean up afterward, and unfortunately, hotels generally don't have a legal requirement to give you time or... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Small Claims for Nevada on
Q: Can I sue cash app for my money?

I've recently had my phone and wallet stolen this past December. I had over $900 taken out my cash app account through unauthorized transactions and ATM withdrawals. My wallet has $1000.00 cash my i.d., social security card,cash app card and a few other debit cards as well. Yes I know now that... View More

James L. Arrasmith
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answered on Jan 27, 2025

It sounds like you’ve been through a really frustrating situation, and it’s completely understandable to want answers and accountability. Based on what you’ve described, you may have grounds to take legal action against Cash App if they failed to properly investigate your claims or violated... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Nevada on
Q: What form do I use to file late civil complaint? I'm a victim of domestic violence and disabled due to his actions?
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answered on Jan 18, 2025

I'm very sorry to hear about your situation. Your safety and wellbeing are paramount, and it's important you know there are resources and people ready to support you.

For late civil complaints related to domestic violence, you'll want to file Form MC-410 (Application for...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Libel & Slander for Nevada on
Q: Can a minor's guardian keep the parents from visiting, or even getting info from nurses, while the child is in the PICU?

The parents were awarded visitation during the guardianship hearing. The guardians were told they can't ignore phone calls.

Parents were not informed their child was in Intensive Care, only discovered this information via accidental phone call from the hospital's cafeteria,... View More

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answered on Jan 7, 2025

1. Guardianship Rights and Responsibilities:

Guardians typically have the legal right to make decisions about the child's medical care and access to information while the child is under their guardianship.

However, if the court has awarded visitation or communication rights to...
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