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Nevada Civil Litigation Questions & Answers
0 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Nevada on
Q: Got sued and don’t have a lawyer yet. Response due by Friday. Are we eligible to file a continuance at court house?

Never been sued before and need more time to find a lawyer before responding. Worried a judgement will be entered if we don’t respond by Friday when it’s due. I was told by a friend to go to the court house and file for an extension for seeking counsel. Are these requests accepted normally and... View More

1 Answer | Asked in Civil Litigation for Nevada on
Q: Why would the tow yard need a moving permit to release personal property from a vehicle?
James L. Arrasmith
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answered on Oct 23, 2024

When you need to retrieve your personal items from a towed vehicle, the tow yard may require a moving permit to ensure everything is handled legally and securely. This permit verifies that you have the right to access and remove the property, preventing unauthorized individuals from taking... View More

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Nevada on
Q: I filed a motion to dismiss. I am the defendant. What case can I refer to that the plaintiff didn't file correct servic

The plaintiff is suing me for breach of contract on 3/15/2018. They have been reporting me negative on my credit for 5.5 years. I lived at my address for 4 years and as soon as I decided to move the plaintiff filed this lawsuit and tried to get a default judgment. I was never served any paperwork;... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 18, 2024

Impossible to tell you what you should do now because nobody online can read your motion to dismiss, nor plaintiff's opposition to it. The best course of action would be to consult a Nevada attorney for help or representation. A motion to dismiss tests the legal allegations of the complaint,... 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?
Jennifer Setters
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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?

Jennifer Setters
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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, Criminal Law, Federal Crimes and Gov & Administrative Law for Nevada on
Q: Why is there no laws against what age a circumcision is able to be done ?
James L. Arrasmith
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answered on Sep 5, 2024

There are no specific laws in Nevada or in most parts of the United States that set a minimum or maximum age for circumcision. This is largely because circumcision is considered a personal or family decision, often based on religious, cultural, or health reasons. The government generally does not... 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?

Jennifer Setters
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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 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, Contracts, Products Liability and Insurance Bad Faith for Nevada on
Q: The insurer of my storage unit is offering $600 out of a $5k policy after burglary. Contents were worth way more

Large unit I paid on for almost two years. They want receipts for things but thieves stole all documentation I owned. And there’s no receipt for years worth of clothing, shoes, perfume collection, etc. The storage manager failed to notify me and continued accepting payment for months until I came... View More

Jennifer Setters
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answered on Aug 12, 2024

I'm sorry to hear about the distressing situation you're going through. Based on the information you’ve provided, there may be grounds to pursue legal action, not only for the inadequate insurance payout but potentially also for emotional distress and other damages. Here’s a breakdown... View More

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Nevada on
Q: Purchase of a food trailer that failed inspection after I was given the go ahead to build by my states Health Dept.

I was given approval by my health department for a food trailer build. After completion and inspection it was failed by the same health inspector who had given me the ok to build. I have taken the manufacturer to court and lost due to me signing the contract to build. Who is at fault?

Jennifer Setters
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answered on Aug 12, 2024

I'm sorry to hear about the difficulties you've encountered with your food trailer. In situations like this, determining who is at fault can be complex, as it involves multiple parties and the specifics of contracts, approvals, and inspections.

Potential Factors to Consider:...
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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 Employment Law, Personal Injury, Car Accidents and Civil Litigation for Nevada on
Q: Can I sue the Las Vegas Police for wage loss the days I missed when they hit my car and weren't able to work Uber Eats?

I already won a personal injury lawsuit for $80,000. Separately, They paid me for the vehicle at $7,000. But it took 49 days for me to get that vehicle check. During that time I wasn't able to work.

I calculated my days missed at 49 days at $106 per day, $5194. I can provide evidence... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 18, 2023

As you settled the case you can brain nothing further. Your wage loss could have been submitted as part of your losses.

1 Answer | Asked in Personal Injury, Civil Litigation and Education Law for Nevada on
Q: Is there any legal recourse if I feel my child is not safe at a school after being a victim of nrs 388.135?

his case has been substantiated that he is a victim of bullying under nrs 388.135 and it only seems to be getting worse at the school

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answered on Oct 30, 2023

One option is to file a complaint with the Nevada Department of Education. The department has a responsibility to investigate all complaints of bullying and to take steps to address the problem. Suppose the department finds that the school has not adequately addressed the bullying. In that case, it... View More

1 Answer | Asked in Civil Litigation, Small Claims and Municipal Law for Nevada on
Q: If there is no Db limit in the laws of my community am I allowed to play loud music inside my house during the day?

There is no written Db limit or laws in my community/town regarding loud music inside someone’s home, however I am being harassed by police during the day by my neighbors for playing loud music inside my home as I am a professional musician working on my job. Do I have any options?

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answered on Oct 6, 2023

In Nevada, even if there isn't a specific decibel (Db) limit defined in local ordinances, there are usually general nuisance or disturbance laws that can apply. Being free from specific Db limits doesn't necessarily mean one can play music at any volume without potential consequences. If... View More

1 Answer | Asked in Civil Litigation for Nevada on
Q: If an NRS 407.0475 citation was issued and I plan to pay the fine will this be a misdemeanor on my record

I passed the barrier on a seasonally closed part of Valley of the Fire park. I am not a resident of Nevada and am returning to my home state.

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answered on Oct 4, 2023

NRS 407.0475 pertains to violations within the state parks of Nevada, such as entering restricted areas. Paying the fine is essentially an admission of guilt. In many cases, citations issued under this section are infractions and not misdemeanors, meaning they won't typically appear on a... View More

1 Answer | Asked in Wrongful Death, Civil Litigation and Personal Injury for Nevada on
Q: How long does a third interested party in a civil wrongful death case have to file for an intervention?

Case was filed on the first of June, the statute of limitations ran out on the twelfth. Prior to the filing, drafts of the complaint were given to the plaintiffs, (M-mother of the deceased, S-sister to the deceased by F-father of the deceased &special administrator to the estate of the... View More

John Michael Frick
John Michael Frick
answered on Jun 12, 2023

Generally speaking, the right to sue for wrongful death is personal to the statutory beneficiaries of a decedent. Usually, when a wrongful death beneficiary dies, her cause of action for damages arising from the wrongful death of another ceases to exist. Ordinarily, her cause of action does not... View More

1 Answer | Asked in Civil Litigation for Nevada on
Q: What is the law about parking on the street in neighborhoods. I have a neighbor who is putting notes on cars of visitor

Who park in front of her home even though they aren't blocking her driveway

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2023

A Nevada attorney could advise best, but your question remains open for two weeks. As a general matter, parking on non-private roads is a right of the public. This is subject to regulations from municipalities or villages for hours of no parking, snow removal, curb cuts, or other restrictions. But... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Nevada on
Q: Does power connected illegally let officers enter your home without a warrant under the exigent circumstances?

I need to determine if I have a viable claim and what my options are for seeking redress. I believe I am entitled to compensatory damages as well as punitive damages for the violation of my 4th, 8th and 14th amendment rights. County officials failed to follow established procedures and violated my... View More

James L. Arrasmith
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answered on Mar 11, 2023

Generally, police officers are not allowed to enter a home without a warrant, unless they have probable cause or exigent circumstances. Exigent circumstances are situations where there is an immediate threat to public safety or where evidence may be destroyed if officers do not act quickly. Whether... View More

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