Law Office of Hayes & Welsh

Las Vegas Nevada business law blog

Where to seek support in the claim and delivery process

Many creditors in Nevada face stressful situations due to loan defaults. While it's possible in many circumstances to sue their debtors, creditors may also use alternative means for satisfying such debts, such as the claim and delivery process. Some states refer to the search and seizure of collateral property as the replevin process. In this state, secured creditors can obtain writs of possession from the court to authorize sheriffs or constables to take possession of personal property that borrowers used as collateral to acquire loans.

It's best to seek clarification of state laws that govern such matters ahead of time to help overcome any obstacles that arise in the process. There are support networks available where you can obtain guidance as you act within your rights to collect a debt.

New Legislation

The 2017 Nevada Legislature will adjourn June 5.   Hayes and Welsh will post changes in laws most important to our clients.

Seeking relief from the bankruptcy court as a creditor

In the course of doing business, you may extend credit to someone else. You held up your end of the contract, but the other party failed to pay the money owed to you. You probably attempted to collect the debt without success.

Then, the action you might fear happens, and the other party files for bankruptcy. You receive notice of the bankruptcy along with a warning from the court that an automatic stay is in place barring you from any further collection efforts. If you wonder whether you must remain bound by the automatic stay, the answer is maybe not. As a creditor, you have rights.

Verbal contracts are legal, but can you prove them?

Do you remember the old days when businesspeople in Nevada, and just about any town in America, would discuss a few issues, iron out their own details, smile, shake hands and seal the deal? Nowadays, you hear contract advisers saying it's best to get everything in writing. This isn't because verbal agreements aren't legally enforceable. They absolutely are. However, try to prove one. It's possible, in certain situations, to do so, but it's usually quite difficult.

If you're considering entering an agreement with one or more parties, and you're also considering doing so verbally, this post provides pertinent information regarding verbal contracts that may benefit you and others involved in your particular situation.

Disputes over property rights and complex bankruptcies

Chapter 7 bankruptcy, also known as liquidation bankruptcy, is a relatively straightforward process for individuals who qualify for this particular chapter of consumer bankruptcy. However, disputes over who actually owns the property to be liquidated can muddy the waters, adding complicated measures to the process.

If you are attempting to collect from a Nevada debtor who is under bankruptcy protection, you will find great benefit in leaning on the guidance of an attorney who can protect your interests throughout the entire process. When property rights are in question, it can be difficult to get the money to which you have a rightful claim. Your lawyer can tenaciously advocate for your rights as a creditor.

Eviction: What's legal, what's not

Whether you're the landlord of a few small, one-room economy apartments or you own and maintain one of Nevada's large multi-unit apartment complexes, it's no secret that you're line of work is often stressful. From tenants calling to complain about the least little faucet drip to dealing with late rent payments, a landlord's job never seems to end - it's 24/7. That's not to say you can't get satisfaction from your work.

What can a Nevada business do when another party owes it money?

After providing your products or services to a customer, you expect payment in a timely manner. When a customer fails to pay your invoices, your business suffers. Even though most people work out their payment issues, some continue to deny payment, and your business needs to know its options for collecting payment from those parties.

Nevada Supreme Court decision strengthens garnishments

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.  

What Will Business Regulations Be Like Under The New President?

For small businesses in Las Vegas, government regulations are nothing new. These regulations seem to be constantly changing, forcing small business owners to evaluate their current business practices and make adjustments as necessary. It creates a seemingly endless amount of paperwork for small business owners, making it more important than ever to work with legal business professionals who can provide them with the insight, guidance and resources they need in order to remain in compliance with all regulations.

As President Donald Trump begins his term, small business owners can once again expect changes to government regulations. These are the top priorities of the administration that you can discuss with your attorney in order to verify that you are in compliance with all new and existing regulations for small business owners.

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
199 North Arroyo Grande Blvd
Suite 200
Henderson, NV 89074

Phone: 702-434-3444
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