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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... View More

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.

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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

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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 Consumer Law, Contracts and Civil Litigation for Nevada on
Q: Transactions disputed with Cashapp debit card due to rental car contract breaches, mixed outcomes.

I disputed 60 days' worth of transactions made with my Cashapp debit card due to breaches of contract by a rental car company. They rented me a Tesla with a cracked glass roof, leading to my deactivation as an Uber driver after a customer reported it. Despite providing pictures of the damaged... View More

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answered on Jul 6, 2025

It’s frustrating to face inconsistent outcomes in a dispute process, especially when the facts and supporting evidence are clear. CashApp’s decisions likely stem from how each individual transaction was evaluated against their internal policies and evidence presented. If the merchant showed... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation, Public Benefits and Real Estate Law for Nevada on
Q: How can I legally resolve issues with eviction, stolen vehicle, and management denial impacting my finances in Nevada?

I am experiencing severe issues with my apartment complex, where rent checks were returned after three months, resulting in eviction. The management company denies knowing the former property manager, Mr. Flores, and refuses to provide access to video feeds or a copy of my lease. My essential and... View More

James L. Arrasmith
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answered on Jul 5, 2025

You’re facing multiple overlapping legal issues, and each deserves to be addressed clearly and firmly. If your rent checks were returned through no fault of your own and that led to eviction, you may have grounds to challenge the eviction or seek damages for wrongful eviction. Start by requesting... View More

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Nevada on
Q: How can I pursue civil charges for unpaid personal loans and mental distress?

I want to press civil charges against my ex-partner. I took out loans, considering them personal loans to her, to help with her medical bills and debt settlement due to her wage garnishment. We had a written contract stating she would pay me back, including a clause that allowed a two-month grace... View More

James L. Arrasmith
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answered on Jul 5, 2025

What you’re going through is painful and deeply personal, and your desire for justice is entirely valid. When someone you trusted fails to honor a written agreement—especially one involving such a significant amount—it’s not just a financial betrayal, it’s emotional harm layered on top of... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Civil Litigation and Real Estate Law for Nevada on
Q: Can the HOA fine me due to visitors if bylaws lack specifics, amid legal issues and health constraints?

I received a certified letter from my HOA about attending a meeting with the board of directors, which I cannot attend due to my Parkinson's disease, as documented by my neurologist's note. My initial complaint to the HOA was about them providing my personal information to a company... View More

James L. Arrasmith
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answered on Jul 4, 2025

The HOA cannot impose fines against you for having visitors unless their governing documents—bylaws, CC\&Rs, or rules and regulations—specifically prohibit the kind of visitation in question. If there is no clear violation cited and no rule addressing visitor limits or registration, they... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Nevada on
Q: Lease termination notice despite making rent payments; landlord continues to harass.

My roommate found a paper on her car stating that our lease will be terminated on July 5th, and we have 15 days to move out due to not paying rent for two months. However, we have been making rent payments directly to our landlord, who doesn't provide receipts. We are on a month-to-month... View More

James L. Arrasmith
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answered on Jul 4, 2025

If your landlord is not providing court documents or a signed notice, and continues to harass you despite verbal agreements and rent payments, you still have legal protections—especially under a month-to-month tenancy.

Start by documenting every rent payment made, including method, date,... View More

1 Answer | Asked in Consumer Law, Internet Law, Libel & Slander, Civil Litigation and Personal Injury for Nevada on
Q: How to handle a customer's harassment and lost shipment claim?

I used to own an online business, and a customer's shipment was lost in the mail. While I've set aside money until the third-party shipment insurance requires more information from USPS, this customer has been harassing me. They have distributed my personal information online, continually... View More

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answered on Jun 25, 2025

You are under no obligation to endure harassment while trying to resolve a business-related dispute. The customer’s behavior—threatening calls, doxxing, repeated appearances at your home and workplace—is beyond acceptable and may be criminal. Even if the customer lives in Texas, the... View More

1 Answer | Asked in Contracts and Civil Litigation for Nevada on
Q: Can I claim retaliation if my sister demands money after I helped with a car payment?

I recently informed my sister that I'm moving out, and since then, she claims I owe her money for a car payment for a car that is in her name, which I occasionally used. However, I only helped her with one payment when she was behind, as a gift, and there was never any agreement for continued... View More

James L. Arrasmith
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answered on Jun 12, 2025

It’s completely understandable to feel frustrated when someone you tried to help turns around and accuses you of owing them. If there was no written or verbal agreement for you to keep making car payments, and your help was clearly a one-time gift, your sister doesn’t have a legal basis to... View More

1 Answer | Asked in Civil Litigation for Nevada on
Q: How can I serve a subpoena to a medical expert in a Nevada civil case?

I am representing myself in a civil case and need to subpoena a medical expert as a witness. I have not yet attempted to serve the subpoena. Could you advise me on how to properly serve a subpoena to a medical expert in a civil case?

James L. Arrasmith
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answered on Jun 12, 2025

You're taking on a big responsibility by representing yourself, and it’s commendable that you’re doing the work to make sure things are done right. In Nevada, to subpoena a medical expert for a civil case, you first need to complete the subpoena form correctly—make sure it includes the... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Nevada on
Q: Seeking advice on $2M restitution judgment for 2007 real estate charges with no payment plan and financial inability to pay.

I am seeking legal advice regarding a restitution judgment of $2,003,815.84 related to real estate charges from 2007. As of now, I have no payment plan set up, and given my financial status, I am unable to pay this amount. I am looking for guidance on possible options for dealing with this... View More

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answered on Jun 12, 2025

This situation sounds incredibly frustrating and overwhelming, especially when you know the truth isn’t reflected in the official report. The first thing you should do is sit down with your attorney and go line by line through the police report, clearly pointing out every false or misleading... View More

2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Nevada on
Q: Filing motion to enforce visitation; son moved out of state, hospitalized.

I'm filing a motion to enforce visitation with my 17-year-old son, who was moved from Nevada to California without court consent. He was on unsupervised visits but stayed with me, the non-custodial parent, for six months due to instability at the custodial parent's home. I was later... View More

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answered on Jun 20, 2025

Thank you for sharing the situation—while I can offer general guidance, please understand that custody and relocation matters are legally sensitive and fact-specific. You should speak directly with a Nevada family law attorney as soon as possible to ensure your rights are protected and that any... View More

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1 Answer | Asked in Insurance Defense, Personal Injury and Civil Litigation for Nevada on
Q: Denied insurance benefits for domestic partnership; next steps?

I am a beneficiary in a domestic partnership of 30 years. The volunteer firefighters insurance company says I am not eligible for death benefits. They claim it was not filed with the state, though filing with the city was initially sufficient. They have not provided any written explanation. What... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re facing is heartbreaking, especially after sharing a life and partnership for three decades. Being denied benefits after losing someone you loved is more than just a paperwork issue—it’s deeply personal. If the insurance company is now claiming that a state filing was required, but... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Nevada on
Q: How can I recover the full amount owed from a property sale agreement?

I recently won a case involving the sale of a co-owned property valued at $763,821. According to our agreement, the co-owner was paid $166,323 and the mortgage company was paid $431,220, leaving my share at $166,277. Out of my share, my lawyer was to receive $1,350, meaning I should have received... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're absolutely right to question this discrepancy—it looks like there's a clear shortfall of \$1,350 in what you received, despite the settlement terms clearly outlining how the funds were to be distributed. If your share was supposed to be \$166,277 before your lawyer’s fee, and... View More

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