affidavit of assignment of judgment

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Standing in court to collect based on "assignment of judgment" not filed in Court of Origin

Can private counsel or a collection agency "Register" a California state judgment in Federal Court for collection, and use an affidavit of "assignment of judgment" as proof of standing to collect on a California state judgment by filing in a California Federal Court, when:

The "assignment of judgment" was never filed with the California Superior Court of Origin, and there is no known "Assignee of Record".

The assignment does not state how much is being assigned, nor the nature of the debt underlying the judgment, and the nature of the debt is in question.

• The generic judgment did not appear to have any Federal Subject matter and there is no existing copy of the California Court Summons and Complaint.

The assignment of judgment does not show the last known address of the alleged Judgment Debtor, the Judgment Debtor had a common name, and no records exist in the Superior Court to show who the Judgment Debtor was, and no existing copy of the Proof of Service exists.

The private counsel did not serve notice of the "Registration of Judgment" in Federal Court to any Judgment Debtor, nor was the Judgment Debtor given notice of the "assignment of judgment" because no one is sure who the Judgment Debtor was.

The generic judgment, dated as "entered in June 1992", was "registered in Federal Court" in October 1999, using an "assignment of judgment" document which was never filed, and the 1992 judgment only exists on Microfilm without any evidence of the "docket" or any other supporting documents.

• federal-courts
• collections

• This question turns out to have a lot more depth hidden in it than one might expect. –  ohwilleke Commented Mar 18, 2021 at 0:57

2 Answers 2

Short answer.

This seems to be a case of a sloppy debt collector trying to enforce "zombie debt", possibly against someone other than the true judgment debtor who happened to have the same name.

There are some good defenses available to this effort that seem likely to prevail on the merits.

But the odds of recovering attorney fees incurred defending against this debt collection action are 50-50 at best and probably lower than that, which leaves the person facing enforcement in a less than ideal position.

Long Answer

Issue By Issue Analysis

An assignment of a judgment does not have to be filed in the court where it is entered.

As long as the assignment is sufficiently clear to identify the judgment, e.g. with a case number and date, the description is sufficient. It doesn't have to spell out what happened in the underlying case that gave rise to the judgment.

there is no existing copy of the California Court Summons and Complaint.

This isn't necessary. The California case already resolved the issues posed by the Summons and Complaint by entering a judgment.

The generic judgment did not appear to have any Federal Subject matter

This could be a problem for the assignee of the judgment creditor.

Federal courts are courts of limited jurisdiction which is mostly restricted to federal questions and diversity of citizenship (there are many other grounds for federal court jurisdiction, such as a U.S. government party, claims to title to land arising under the laws of different states, specific federal statutes, interpleader actions, and a few others, but none that would jump to mind as a potential basis for federal jurisdiction).

If federal jurisdiction is based upon diversity of citizenship, it wouldn't be necessary to know what the underlying basis for the judgment was (the judgment would also have to be more than $75,000), but if federal jurisdiction is based upon federal question jurisdiction, this would be necessary.

Register" a California state judgment in Federal Court for collection . . . as proof of standing to collect on a California state judgment by filing in a California Federal Court"

I am trying to get my head around why anyone would want to do this.

A California state judgment can be enforced in California without going to federal court to do it. Some critical fact motivating this action seems to be omitted from the OP.

A judgment entered in a federal court in California isn't eligible to be collected by any means not available in a state court in California that I can think of. In particular, U.S. District Courts have precisely the same authority over out of state defendants as state courts of general jurisdiction. So, "registering" a California state court judgment in a federal court does not make it easier in the vast majority of circumstances to collect a judgment from an out of state party than it would be in state court.

The only fact pattern I could imagine where it might matter is where there is diversity of citizenship between a garnishee, such an out of state bank at which the judgment debtor is believed to have a bank account, and the judgment creditor, with the registration being made in a federal court for purposes of avoiding removal of a garnishment collection proceeding from the out of state to federal court.

I suppose that another motivation could be that the debt collection company's lawyer is not admitted to practice in California and believes that it would be easier to be admitted to practice pro hac vice (i.e. for one particular case) in federal court than state court, or would find federal court procedure more familiar than California's state court procedure which is quite atypical of the procedural rules in most other state's courts.

One important issue would be how long a judgment remains valid in California without being renewed. Generally speaking, a judgment must be renewed in California within 10 years of its entry or it expires and can't be enforced. The fact that there are no supporting documents in and of itself, however, isn't an issue.

A federal judgment lien expires after 20 years unless renewed (and this lien was registered more than 21 years earlier and entered more than 28 years earlier), and there is no indication that there was a renewal of the judgment or any judgment lien here.

Also, a judgment lien and a judgment are not the same thing, and it isn't clear that a state judgment registered in a federal court, even if it can be registered in a federal court, becomes a federal judgment as a result when it would be barred under the law of the jurisdiction establishing the judgment in the first place.

The case of Hilao v. Estate of Marcos (9th Cir. 2008) suggests that a federal court may not extend the duration of a judgment that has expired in the court where it was issued, explaining its own holding in its introduction as follows:

This appeal requires us to consider a novel situation involving the registration of a federal judgment. In short, the judgment was rendered in the United States District Court for the District of Hawaii and registered in the United States District Court for the Northern District of Texas, where the prevailing plaintiff sought to enforce it against a non-party, Texas defendant. The defendant in the Texas enforcement action moved to dismiss on the ground that the judgment was not timely registered because, under Texas’s borrowing statute, the Hawai’i “statute of limitations” for enforcing judgments applies and under it, the judgment had expired. This prompted the plaintiff to ask the rendering court to declare that the judgment was live and, in any event, to extend it, which the district court did. Meanwhile, the collection defendant moved to intervene in the extension proceeding, which the district court did not allow, and then to appeal the extension, which the court also did not allow. We conclude that the party against whom enforcement was sought had a significant protectable interest at stake that gave it the right to be heard in the extension proceeding, and to appeal. Having considered the intervenor’s arguments on the merits, we also conclude that the district court erred in purporting to extend the judgment. Accordingly, we reverse the orders denying intervention, and vacate the order granting extension.

The key part of the substantive analysis in that case states:

Section 1963, the federal statute under which Hilao registered the MDL 840 Judgment in the Northern District of Texas for supplemental enforcement proceedings, has no limitations period. However, it does provide that a registered judgment “shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner.” Rule 69(a) is to the same effect, providing that the procedure on execution is to be in accordance with the procedure of the state in which the district court is located at the time the remedy is sought. Likewise, the Rules of Decision Act, 28 U.S.C. § 1652, requires application of state statutes of limitations unless a timeliness rule drawn from elsewhere in federal law should be applied. See Agency Holding Corp. v. Malley-Duff & Assocs., 483 U.S. 143, 147 (1987) (so holding). This is the understanding upon which we, and other courts, have proceeded in similar circumstances, looking to the law of the registration forum for its statute of limitations on enforcement of judgments. See, e.g., Duchek v. Jacobi, 646 F.2d 415, 417 (9th Cir. 1981) (acknowledging rule that state law applies to procedures for enforcing a judgment); Marx v. Go Publ’g Co., 721 F.2d 1272, 1273 (9th Cir. 1983) (applying limitations law of the registering state); Matanuska Valley Lines, Inc. v. Molitor, 365 F.2d 358, 359-60 (9th Cir. 1966) (same).6 6 See also, e.g., Stanford v. Utley, 341 F.2d 265, 266 (8th Cir. 1965) (looking to forum law for the limitations period on enforcement of judgments); Home Port Rentals, Inc. v. Int’l Yachting Group, 252 F.3d 399, 406 (5th Cir. 2001) (same). Marx and Matanuska are particularly instructive. In Marx, the plaintiff obtained a judgment against Go Publishing in the United States District Court for the District of Columbia which he registered, and sought to enforce, in the Central District of California. Go Publishing raised a statute of limitations defense based on the California period for enforcing judgments (ten years). We held, based on analogous California law, that the ten-year period runs from the time the judgment is registered, so long as the judgment is not time-barred at the time of registration. In so holding, we rejected an argument that state limitations rules are inapplicable where a district court judgment is registered under § 1963. 721 F.2d at 1273. In Matanuska, the plaintiff obtained a judgment in the United States District Court for the District of Alaska on July 26, 1956 and registered it pursuant to § 1963 in the Western District of Washington on September 10, 1964. Registration of the judgment was timely under the laws of Alaska, the rendering state, where the life of a judgment is ten years. However, under the laws of Washington, the registering state, a foreign judgment was not enforceable or registrable after the expiration of six years following its entry. We held that enforcement of the registered judgment was barred by the Washington statute of limitations. 365 F.2d at 360. Relying on Duchek, Hilao posits that state law cannot divest a federal district court of jurisdiction to enforce its judgment. However, Duchek is inapposite. The Ducheks had obtained a judgment in the Central District of California, sued to set aside an allegedly fraudulent transfer of assets, and obtained another judgment that they sought to enforce. The defendants argued that because state law applied under Rule 69(a), the court lacked jurisdiction in light of a state venue statute that required a petition to enforce a judgment to be filed in the state superior court. We held that state legislation cannot withdraw federal jurisdiction. But this is neither the purpose, nor the effect, of applying the forum’s statute of limitations for enforcing a judgment. It does not follow from the principle that state law cannot oust a federal court of subject matter jurisdiction, that no state law cutting off or curtailing a right — here, to enforce a judgment — may ever apply. Stating the same thing somewhat differently, Hilao proposes that a federal judgment is renewed, and thereby extended, every time it is registered under § 1963 in another court. We agree with part of what she says: registering a judgment under § 1963 is the functional equivalent of obtaining a new judgment of the registration court. See, e.g., Matanuska, 365 F.2d at 360; Marx, 721 F.2d at 1273. The effect is to allow that judgment, i.e., the newly registered judgment, to be enforced for the period allowed by the law of that forum, i.e., the state of registration, if the judgment were live, and thus registerable, at the time when it was registered. However, Hilao points to no authority suggesting that registration in one district — even if accomplished when the judgment was live — “extends” the statute of limitations in all districts.

So, there is a solid argument supported by binding precedent in California, even though it is not exactly on point because it involves a federal court to federal court judgment registration and a Texas statute was involved, that California law and not federal law, governs the expiration of a judgment from a California court registered in a federal court, if that is permitted at all.

The lack of proof of service in the underlying action in and of itself isn't a problem, as the existence of the judgment gives rise to a presumption that service was established. The issue of the identity of the judgment debtor named when there are many people who have that name, on the other hand, is potential an issue to litigate.

It would be entirely appropriate to go to dispute an effort to enforce a judgment on the grounds that the Joe Smith from whom collection is sought is different from the Joe Smith against whom judgment was entered.

The process for registering a judgment from a different state in a new state is governed by the Uniform Enforcement of Foreign Judgments Act (1964) which has been enacted in every U.S. state (text and official comments here ). The substantive provisions of the short act state:

Section 1. [ Definition.] In this Act "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. Section 2. [Filing and Status of Foreign Judgments.] A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the Clerk of any [District Court of any city or county] of this state. The Clerk shall treat the foreign judgment in the same manner as a judgment of the [District Court of any city or county] of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a [District Court of any city or county] of this state and may be enforced or satisfied in like manner. Section 3. [Notice of Filing.] (a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the Clerk of Court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. (b) Promptly upon the filing of the foreign judgment and the affidavit, the Clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the Clerk. Lack of mailing notice of filing by the Clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. [ (c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until [ ] days after the date the judgment is filed.] Section 4. [Stay.] (a) If the judgment debtor shows the [District Court of any city or county] that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. (b) If the judgment debtor shows the [District Court of any city or county] any ground upon which enforcement of a judgment of any [District Court of any city or county] of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. Section 5. [Fees.] Any person filing a foreign judgment shall pay to the Clerk of Court ____________ dollars. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the [District Court of any city or county of this state]. Section 6. [Optional Procedure.] The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remains unimpaired. Section 7. [Uniformity of Interpretation.] This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

There is a procedure under 28 U.S.C. § 1963 to register a judgment of one federal court in another federal court for purposes of enforcement, which does not require notice to the judgment debtor. It states that:

A judgment in an action for the recovery of money or property entered in any court of appeals, district court, bankruptcy court, or in the Court of International Trade may be registered by filing a certified copy of the judgment in any other district or, with respect to the Court of International Trade, in any judicial district, when the judgment has become final by appeal or expiration of the time for appeal or when ordered by the court that entered the judgment for good cause shown. Such a judgment entered in favor of the United States may be so registered any time after judgment is entered. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner. A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien. The procedure prescribed under this section is in addition to other procedures provided by law for the enforcement of judgments.

A federal court has held in a ruling that would be persuasive but not binding in California (which is in the 9th Circuit), but is consistent with the plain language of the statute, in Caballero v. Fuerzas Armadas Revolucionarias de Colombi a (10th Cir. December 27, 2019) that federal courts may register only federal court judgments, not state court judgments, under 28 U.S.C. § 1963. Some background on the statute is provided in a law review article from 1984 arguing that 28 U.S.C. § 1963 is too hard to enforce when a federal court judgment is pending appeal but has not been stayed pending appeal. It also seems consistent with Fidelity National Financial, Inc. v. Friedman (9th Cir 2015), which is pending precedent and stated in the introduction to its ruling that:

The federal registration statute, 28 U.S.C. § 1963, permits plaintiffs to take a judgment entered in one federal district court and register it in another. A judgment so registered has “the same effect as a judgment of the district court of the district where registered and may be enforced in like manner.” Id. This case presents a question of first impression in this Circuit: may a registered judgment itself be registered in yet another district? We answer yes — a registered judgment is “[a] judgment in an action for the recovery of money or property entered in any . . . district court,” id., and itself may be registered.

It doesn't directly address the question of registration of a state court judgment in federal court, but it seems consistent with this position.

I'm not aware of a process to register a state court judgment in a federal court at all, let alone a federal court in the same state, but the ruling in the 10th Circuit case strongly suggests that this is the only statute that could be relied upon for the registration here, and the authority on the broader holding of the 10th Circuit that state court judgments can't be registered in federal courts is the subject of a split of authority, stating:

Federal courts disagree on whether a state-court judgment may be registered in a federal district court under § 1963. The Seventh Circuit has held that § 1963 does not prohibit removal of a state-court judgment to federal court if other requirements for federal jurisdiction are met. GE Betz, Inc. v. Zee Co. , 718 F.3d 615, 625 (7th Cir. 2013). In reaching this conclusion, the court determined that "[r]eading a bar against the enforcement of state-court judgments by federal courts requires reading additional words into § 1963 that are not there." Id. at 624 ; but see id. at 623-24 (listing "a host of district court decisions" holding that § 1963 does not authorize a federal court to register a state-court judgment (collecting cases)). In contrast, the Second Circuit found support in § 1963 itself for its view that a new court action must be filed to enforce a judgment entered by a non-federal court. Mobil Cerro Negro, Ltd. v. Bolivarian Republic of Venezuela , 863 F.3d 96, 99 (2d Cir. 2017). " ‘By its express terms § 1963 applies only to registration of federal-court judgments in another federal court.’ " Id. at 123 (quoting Caruso v. Perlow , 440 F. Supp. 2d 117, 118 (D. Conn. 2006) ) (brackets omitted); see also, e.g. , Fox Painting Co. v. NLRB , 16 F.3d 115, 117 (6th Cir. 1994) (finding "unambiguous" § 1963 ’s language specifying the courts whose judgments can be registered in federal district courts) ; Euro-Am. Coal Trading, Inc. v. James Taylor Mining, Inc. , 431 F. Supp. 2d 705, 708 (E.D. Ky. 2006) ("[T]he registration procedures of 28 U.S.C. § 1963 contain jurisdictional limitations that prohibit federal courts from registering state court judgments.") Although Fox Painting was announced before the 1996 amendment to § 1963, which added the courts of appeals and the bankruptcy courts as courts whose judgments can be registered in another jurisdiction, see Federal Courts Improvement Act of 1996, Pub. L. No. 104-317, 110 Stat. 3847, the amendment does not detract from Fox Painting ’s determination that § 1963 ’s "language is unambiguous." 16 F.3d at 117. We join the courts holding that § 1963 applies only to registration of federal-court judgments in federal courts—not to state-court judgments. Consequently, we reverse the district court’s judgment registering the Florida state-court judgment in Utah federal court.

Even under the 7th Circuit position, however, the federal court still needs a basis for jurisdiction. The party in the 10th Circuit case tried to claim that the full faith and credit statute, 28 U.S.C. § 1738, but this doesn't colorably apply to a case seeking to register a state court judgment in a federal court in the same state, and without a federal question, there is a $75,000 threshold for diversity jurisdiction (my hunch is that the judgment in the OP is smaller than that).

Big Picture Analysis

Presumably, one would ask the questions in the OP because someone is trying to enforce the 1992 California judgment in 2021.

The response to file in the federal court would probably raise several issues in one or more motions.

It could assert with the affidavit of the person from whom collection is sought that he is not one and the same person as the person identified in the affidavit, if that is true, and request a hearing. At this point, the Court should conduct an evidentiary hearing and if the judgment creditor couldn't prove that the judgment wasn't against some other Joe Smith than the one from whom collection was sought, enforcement of the judgment against this Joe Smith would be enjoined in a motion to set aside or stay collection actions under the judgment.

The judgment debtor could dispute that the judgment creditor did indeed assign the judgment and ask for discovery or a hearing to establish that there was an assignment in a motion to set aside or stay collection actions under the judgment.

It could assert various defenses to the judgment in a motion under Federal Rule of Civil Procedure 60(b) :

• discharge in bankruptcy
• the expiration of the judgment under California law without a timely renewal
• it could asset that the federal court lacked subject matter jurisdiction to register the judgment
• it could assert that there is no statutory basis stated that would authorize the registration so the federally registered judgment is void
• it could assert that the judgment is void because any procedural requirements under a statute identified, if there is one, was not met (although 28 U.S.C. § 1963 really doesn't require much of anything procedurally)
• it could assert with an affidavit that there was no service of process in the underlying California case giving rise to the 1992 judgment, meaning that the California court lacked personal jurisdiction over the defendant, and ask for a hearing on that issue, and the assignee of the judgment debtor would have to prove up the existence of good service by a preponderance of the evidence (a similar defense was raised in the District Court in the 10th Circuit case cited above).

If there is a judgment lien on real property based upon the judgment, this could be affirmatively raised in a quiet title action.

In lieu of defending collection efforts, the judgment debtor or purported judgment debtor could also affirmatively bring a declaratory judgment action against the assignee to have the judgment declared void, or unenforceable against him or her, for any of the reasons set forth above.

Attorney Fees

The U.S. Supreme Court held in Henson v. Santander Consumer USA Inc . (2017), however, that the federal Fair Debt Collection Practices Act does not apply to assignees of debts, so the remedies of that statute would not be available, and that would greatly raise the bar for any award of costs or attorney fees in favor of the disputing alleged judgment debtor.

The judgment debtor could allege a lack of adequate investigation and due diligence before filing pleadings under Federal Rule of Civil Procedure 11 , or the litigation lacked any rational legal theory to support it, but this is a pretty high bar and getting an award of fees in this fact pattern could go either way.

An excellent answer and clearly a great analysis. However, it appears that if the Assignment of Judgment is not filed in the California Superior Court where the judgment was originally issued, then it can't be filed.

See California CCP § 673, (a) An assignee of a right represented by a judgment may become an assignee of record by filing with the clerk of the court which entered the judgment an acknowledgment of assignment of judgment.

• I would suspect that CCP § 673 while a sufficient way to assign a judgment, is not a necessary or exclusive way to do so. –  ohwilleke Commented Apr 12, 2021 at 22:24
• Also keep in mind that the relevant law is the law at the time of the assignment, and not necessarily the law on the books today, unless it ratifies past assignments that would otherwise have been incalid. –  ohwilleke Commented Apr 13, 2021 at 1:21
• CCP § 673 is not the exclusive means of becoming the "assignee of record", but the other means are limited to: "...guardian or conservator of the estate, personal representative, or other successor in interest of the judgment creditor or assignee of record." CCP § 680.240 defining the term, "assignee of record" in California. –  user37699 Commented Apr 13, 2021 at 17:54
• The "effective date of statute" is indeed very important. CCP 673 effective date is as follows: "Added by Stats. 1982, Ch. 497, Sec. 38. Operative July 1, 1983, by Sec. 185 of Ch. 497". –  user37699 Commented Apr 13, 2021 at 18:00

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SEARCH NYCourts.gov

Consumer Credit Reform

Consumer credit reform resources, overview of consumer credit reform.

Additional Notice Forms :

• Additional Notice of Lawsuit [UCS-CCR1]
• Additional Notice of Summary Judgment Motion [UCS-CCR2]

Affirmation Forms :

Affirmation of Facts by Original Creditor [UCS-CCR3]

Affirmation of Facts and Sale of Account by Original Creditor [UCS-CCR4]

Affirmation of Purchase and Sale of Account by Debt Seller [UCS-CCR5]

Affirmation of Facts and Purchase of Account by Debt Buyer Plaintiff [UCS-CCR6]

• Affirmation of Non-Expiration of Statute of Limitations [UCS-CCR7]

Confirmation of an Arbitration Award

Rate of Interest Applicable to Money Judgments for Consumer Debt :

Rate of Interest [CPLR 5004]

Default Judgment and Judgment by Confession [CPLR 3215 & 3218]

Execution of Judgment and Income Execution [CPLR 5230 & 5231]

Restraining Notice [CPLR 5222]

On October 1, 2014, the court system adopted major reforms addressing default judgment applications in consumer credit cases, including those commenced by third-party debt buyers. The new rules required original creditor and debt buyer plaintiffs to submit specific affidavits and notices that meet substantive legal and evidentiary standards for entry of a default judgment under New York law. The rules were intended to ensure a fair legal process and address documented abuses, including entry of default judgments despite insufficient or incorrect factual proof, expiration of the applicable statute of limitations and failed service of process. The scope of these rules was limited to default judgment applications in consumer debt cases made to the clerk under CPLR 3215(a), and the rules applied a narrower definition of "consumer debt" than the CPLR, which limited their applicability to default judgment applications for credit card debt only.

On November 8, 2021, the Consumer Credit Fairness Act (CCFA) was signed into law. The provisions of the act take effect on May 7, 2022. The CCFA essentially mirrors the reforms implemented by court rule for credit card debt cases in 2014 and codifies them into the CPLR, thereby, extending them to all consumer debt actions.

On December 31, 2021, legislation amending the CPLR regarding the rate of interest applicable to money judgments for consumer debt was also signed into law. The amendments essentially lower the rate of interest for money judgments entered against a natural person in consumer debt cases from 9% to 2% beginning on April 30, 2022.

• Consumer Credit Fairness Act — S153
• Rate of Interest Applicable to Money Judgments for Consumer Debt — S5724-A
• New York City Civil Court: 22 NYCRR §§ 208.14-a and 208.6(h)
• City Courts outside the City of New York: 22 NYCRR §§ 210.14-a and 210.14-b
• Nassau and Suffolk District Courts: 22 NYCRR §§ 212.14-a and 212.14-b
• Supreme & County Courts: 22 NYCRR §§ 202.27-a and 202.27-b
• Administrative Order dated May 4, 2022
• Administrative Order dated December 23, 2014
• Administrative Order dated September 15, 2014

Additional Notices

The Consumer Credit Fairness Act requires two additional notices to the consumer defendant.

The Additional Notice of Lawsuit [UCS-CCR1] is required when proof of service of the summons & complaint is filed with the clerk. The plaintiff must submit the Additional Notice of Lawsuit, in both English and Spanish, with a stamped, unsealed envelope addressed to the defendant. The envelope must be addressed to the same address where the summons & complaint was served, including apartment number, if any, and must have the applicable court clerk’s office as the return address. The Additional Notice of Lawsuit must be mailed promptly by the court clerk to the defendant, and no default judgment may be entered unless at least 20 days have elapsed from the date of mailing, or if returned to the court as undeliverable, unless the address matches the defendant’s address on record with the New York State Department of Motor Vehicles. It is the plaintiff’s responsibility to obtain and submit such proof of address to the court clerk.

• Additional Notice of Lawsuit [UCS-CCR1] Fillable PDF | Word

The Additional Notice of Summary Judgment Motion [UCS-CCR2] is required when a Summary Judgment motion or a Summary Judgment in Lieu of Complaint motion is filed by the plaintiff and the consumer defendant is not represented by an attorney. The plaintiff must submit the Additional Notice of Summary Judgment Motion, in both English and Spanish, with a stamped, unsealed envelope addressed to the defendant. The Additional Notice of Summary Judgment Motion must be mailed promptly by the court clerk to the defendant, and summary judgment based upon the defendant's failure to oppose the motion may not be entered unless at least 14 days have elapsed from the date of mailing, or at least 19 days have elapsed from the date of mailing if the plaintiff’s motion demands additional time for service of responsive papers per CPLR §2214(b).

• Additional Notice of Summary Judgment Motion [UCS-CCR2] Fillable PDF | Word

Affirmation

The Consumer Credit Fairness Act requires plaintiffs to file certain affirmation when seeking a default judgment in any consumer debt case as follows:

• If the plaintiff is the original creditor, the application MUST include an Affirmation of Facts by Original Creditor [UCS-CCR3] .
• Default in payment;
• Sale or assignment of the debt; and
• Amount due at time of sale or assignment;
• Affirmation of Purchase and Sale of Account by Debt Seller [UCS-CCR5] completed by each subsequent debt seller if the account was re-sold and purchased by subsequent debt buyer(s); and
• Affirmation of Facts and Purchase of Account by Debt Buyer Plaintiff [UCS-CCR6] , which includes a chain of title of the debt completed by the plaintiff or plaintiff’s witness.

The required affirmation forms are provided in both fillable PDF and Word formats as follows:

Fillable PDF | Word

The following exhibits must be attached to the Affirmation of Facts by Original Creditor [UCS-CCR3]:

• Agreement: Contract/Invoice or Charge-off Statement if the consumer debt is from a revolving credit account
• Most recent Account Statement with a charge, payment and/or balance transfer
• Defendant's full name
• Balance due and last 4 digits of account number printed on the most recent monthly statement reflecting a charge, payment and/or balance transfer
• Last payment date and amount
• Charge-off date and amount
• Delinquency date and amount
• Post charge-off/delinquency interest and/or fees
• Post charge-off/delinquency credits Note: A Certificate of Conformity is only required for affirmation specific to real property transactions.

The following exhibits must be attached to the Affirmation of Facts and Sale of Account by Original Creditor [UCS-CCR4]:

• Bill of sale from original creditor to debt buyer
• Debtor's full name
• Post charge-off/delinquency credits
• Total balance at time of sale Note: A Certificate of Conformity is only required for affirmation specific to real property transactions.

The following exhibits must be attached to the Affirmation of Purchase and Sale of Account by Debt Seller [UCS-CCR5]:

• Bill of sale from debt seller to debt buyer
• Total balance and last 4 digits of account number at time of sale Note: A Certificate of Conformity is only required for affirmation specific to real property transactions.

The following exhibits must be attached to the Affirmation of Facts and Purchase of Account by Debt Buyer Plaintiff [UCS-CCR6]:

• Bill of sale from debt seller to plaintiff

Affirmation of Non-Expiration of Statute of Limitations [UCS-CCR7] Fillable PDF | Word

When applying to the clerk of the court for a default judgment for a sum certain in a consumer debt case, the plaintiff must include an affirmation stating that, after reasonable inquiry, he or she believes that the applicable statute of limitations has not expired.

Under CPLR 7516, the court shall not grant a motion to confirm an arbitration award that is based upon a consumer credit transaction unless the moving party:

• Pleads the actual terms and conditions of the arbitration agreement; and
• Arbitration Agreement;
• Demand for Arbitration or Notice of Intention to Arbitrate with proof of service; and
• Arbitration Award with proof of service.

If the arbitration award does not contain a statement of:

• Claims submitted for arbitration;
• Claims ruled upon by the arbitrator; and
• Figures used by the arbitrator to calculate the award;  

then the petition MUST contain such a statement.

Rate of Interest Applicable to Money Judgments for Consumer Debt

Effective April 30, 2022, the rate of interest for money judgments in consumer debt cases against a natural person (i.e., a human being) is 2% per year. For consumer debt judgments against a natural person entered before April 30th, the rate of interest for any unpaid balances becomes 2% per year beginning on April 30, 2022. For consumer debt judgments entered against a defendant that is not a natural person (i.e., a business or organization), the annual rate of interest remains at 9% per year irrespective of whether the judgment was entered before or after April 30th. The annual rate of interest remains at 9% per year for all other judgments, except for consumer debt judgments against a natural person.

For the purpose of money judgments in consumer debt cases against a natural person, “consumer debt” means any obligation or alleged obligation of any natural person to pay money arising out of a transaction in which the money, property, insurance or services with the subject of the transaction are primarily for personal, family or household purposes, whether or not such obligation has been reduced to judgment, including, but not limited to, a consumer credit transaction, as defined in CPLR §105(f) [ cited below ].

• CPLR § 105(f) Consumer credit transaction. The term “consumer credit transaction” means a transaction wherein credit is extended to an individual and the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.

For consumer debt judgments against a natural person entered before April 30th, a defendant is not entitled to a reduction of interest accrued or to a refund of interest or fee payments that were made at the higher 9% interest rate prior to April 30, 2022.

As of April 30, 2022, litigants in consumer debt cases against a natural person must now include an affidavit with a statement that the new 2% interest rate applies when filing a:

• Default Judgment
• Default Judgment for failure to comply with a Stipulation of Settlement
• Judgment by Confession
• Execution of Judgment

Under CPLR 5230(a), an Execution of Judgment form must specify the applicable interest rate and the date as of which it applies. For consumer credit judgments against a natural person where the applicable interest rate changes as of April 30th from 9% to 2% while an Execution of Judgment is ongoing, the judgment creditor is responsible to provide an amended Execution of Judgment form.

Under CPLR 5230(b), issuance of an amended Execution of Judgment form must be affected by:

• The judgment creditor, as an officer of the court, within 60 days of the effective date (i.e., by June 29, 2022) for judgments entered in Local Civil Courts .
• Either the clerk of the court in the county where the judgment was first docketed OR the judgment creditor, as an officer of the court, within 60 days of the effective date (i.e., by June 29, 2022) for judgments entered in Supreme, County or Family Courts .

The sheriff must serve the amended execution within 45 days after it is delivered to him/her.

The above provisions of CPLR §5230 regarding Executions of Judgment also apply to Income Executions under CPLR §5231.

For consumer credit judgments against a natural person where the applicable interest rate changes as of April 30th from 9% to 2% while a Restraining Notice is in effect, the judgment creditor, without leave of the court, must issue an amended restraining notice that includes the date as of which the new interest rate applies.

The People's Law Library

• How do I...?

Affidavit Judgments

Topics on this page, what is an affidavit judgment, do nothing (accept a default judgment).

• Negotiate a settlement with the creditor
• Defend yourself in court (Dispute the claim.)

What happens if a Judgment is entered against the Defendant?

A creditor can file for a Judgment on Affidavit (also known as an Affidavit Judgment) if it has documents that it believes prove that a Defendant owes the creditor a specific amount of money.

The lawsuit starts by the Plaintiff (creditor) filing a Complaint and Affidavit in Support of Judgment . The Defendant then has 15 days to file a Notice of Intention to Defend  (located at the bottom of the summons). If a notice of intent to defend is not filed, a judge will review the documents to see if they show that the Defendant does in fact owe the money to the Plaintiff. If the judge finds that the documents are adequate, the judge will rule in the Plaintiff’s favor without any further proof. If the judge finds that the documents are not adequate, the judge will deny the request for judgment and set the case for a trial. 

The rest of this article addresses options that defendants have if they have been served with a Complaint and Affidavit in Support of Judgment.

If you do not dispute that you owe the debt, one option is to accept a default judgment.

If you do not file a Notice of Intention to Defend with the court or do not appear in court for the scheduled trial, the court can enter judgment against you for the amount the Plaintiff asked for. Once a default judgment is entered, you will be required to pay the Plaintiff the amount of the debt claimed in the lawsuit and post-judgment interest will begin to accrue.  If you do not pay the judgment voluntarily, the creditor will still have to go through the legal process to collect that judgment .

Negotiate a Settlement with the creditor

If you agree that you owe the debt, one possible option is to negotiate a settlement agreement with the creditor before the end of the 15 day period after you are served .

To negotiate a settlement agreement, you should contact the creditor to see if it will accept a payment plan that fits your financial situation. If you pay any money towards the debt owed before the trial date, you must notify the court to reduce the claim against you. It is critical that you put any type of settlement agreement or payment plan in writing. Keep copies and records of all the payments you make in paying off the debt.

For more information about negotiating with opposing parties, see the page on Talking to the Other Side.

Defend yourself in court (Dispute the Claim)

Step one:  filing a notice of intention to defend.

If you are served a Complaint and Affidavit in Support of Judgment and want to fight the claim in court, you must file a Notice of Intention to Defend. This notice is located at the bottom of your Writ of Summons.

If you fail to file the Notice of Intention to Defend, a judgment can be entered against you without a trial . Do not skip this step if you want to fight the claim.

By filing a Notice of Intention to Defend, you are telling the court that you dispute the amount of debt claimed in the Affidavit in Support of Judgment. Once you file the Notice of Intention to Defend, the court clerk will send a notice to the Plaintiff telling them that you intend to defend the lawsuit. If you file a Notice of Intention to Defend, your case will proceed to a trial. 

Step Two: Going to Trial

If you disagree that you owe the debt or want to fight the lawsuit for other reasons, you can fight the case in court before a judge. If you filed a Notice of Intention to Defend, the court will schedule a trial. Even if you did not file a Notice of Intention to Defend before the deadline, you should still go to the hearing listed on the Summons to explain why the court should not enter a judgment against you. 

When you appear at court, the court will hear the case “on the merits." This means that the court will no longer consider the Affidavit in Support of Judgment on its own. Instead, the Plaintiff will need to be present in court to present its arguments and evidence to meet its “burden of proof.” The “burden of proof” is the Plaintiff’s obligation to prove its case. In debt collection cases, the Plaintiff must show by a “preponderance of the evidence” (meaning that it is more likely than not, based on the evidence presented at trial) that:

• the debt is owed by you (the Defendant), and
• the Plaintiff owns the debt.

If you win, no judgment will be awarded. If you lose, a judgment will be awarded to the Plaintiff.

What if the Plaintiff Does Not Show Up for the Hearing?

If the Plaintiff does not show up at the hearing, the court will likely grant a postponement of the trial. This is called a continuance. A new trial date will be scheduled to allow both sides to attend. If a continuance or postponement is granted, the court will notify both sides of a new trial date. 

If a judgment is entered against the Defendant for the debt owed to the Plaintiff, the court itself will not try to collect the money. The Plaintiff must attempt to collect the judgment. The Plaintiff cannot begin to collect any money from you within the first 30 days after the date the judgment is entered. This allows time for appeals, if any.

If the Defendant chooses not to voluntarily pay the creditor the money owed, the Plaintiff/creditor has several options to collect the judgment against you. The Plaintiff's options for collecting a judgment can be found in this article on the topic: Collecting a Judgment .

Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org . © Maryland Thurgood Marshall State Law Library, 2024.”

[Rev. 1/24/2023 4:49:03 PM--2022R1]

CHAPTER 17 - JUDGMENTS

GENERAL PROVISIONS

NRS 17.010              Judgments of Utah territorial courts validated.

NRS 17.020              Action against sheriff for official acts; notice to sureties.

NRS 17.025              Payment of judgment in favor of minor.

PARTIES NOT ORIGINALLY SUMMONED

NRS 17.030              Parties not summoned in action on joint obligation may be summoned after judgment.

NRS 17.040              Summons: Contents and service.

NRS 17.050              Affidavit to accompany summons.

NRS 17.060              Answer.

NRS 17.070              Written allegations.

NRS 17.080              Trial of issues; amount of judgment if verdict found against defendant.

BY CONFESSION

NRS 17.090              Judgment by confession for debt due or contingent liability.

NRS 17.100              Written statement made by defendant; form.

NRS 17.110              Filing of statement; endorsement by clerk; entry of judgment; judgment roll; costs.

NRS 17.117              Offer of judgment.

MANNER OF GIVING AND ENTERING

NRS 17.120              Replevin; judgment to be in alternative and with damages.

NRS 17.130              Computation of amount of judgment; interest.

NRS 17.140              Death of party after verdict or decision; court may render judgment; not to be lien on real property.

NRS 17.150              Docketing of judgments of state and federal courts; recording of transcripts, abstracts and copies of judgments; liens on real property; duration of liens; affidavit required of judgment creditor who records judgment or decree. [Effective through December 31, 2022.]

NRS 17.150              Docketing of judgments of state and federal courts; recording of transcripts, abstracts and copies of judgments; liens on real property; duration of liens; affidavit required of judgment creditor who records judgment or decree. [Effective January 1, 2023.]

NRS 17.160              Docket defined; contents.

NRS 17.170              Dockets open for public inspection without charge.

NRS 17.190              Computation of costs in judgment; insertion by clerk.

SATISFACTION

NRS 17.200              Entry in docket.

NRS 17.214              Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits. [Effective through December 31, 2022.]

NRS 17.214              Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits. [Effective January 1, 2023.]

CONTRIBUTION AMONG TORTFEASORS

NRS 17.225              Right to contribution.

NRS 17.235              Effect of judgment against one tortfeasor.

NRS 17.245              Effect of release or covenant not to sue.

NRS 17.255              Intentional tort bars right to contribution.

NRS 17.265              Certain rights of indemnity unimpaired.

NRS 17.275              Subrogation of insurer.

NRS 17.285              Enforcement of right of contribution.

NRS 17.295              Equitable shares.

NRS 17.305              Inapplicability to breach of fiduciary relationship.

ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT)

NRS 17.330              Short title.

NRS 17.340              “Foreign judgment” defined.

NRS 17.350              Filing and status of foreign judgments.

NRS 17.360              Affidavit; notice of filing judgment and affidavit.

NRS 17.370              Stay of enforcement of foreign judgment.

NRS 17.380              Fees.

NRS 17.390              Judgment creditor may bring action to enforce judgment.

NRS 17.400              Uniformity of interpretation.

FOREIGN-MONEY CLAIMS (UNIFORM ACT)

NRS 17.410              Short title; uniformity of application and construction.

NRS 17.420              Scope and applicability.

NRS 17.430              Definitions.

NRS 17.440              “Action” defined.

NRS 17.450              “Bank-offered spot rate” defined.

NRS 17.460              “Date of conversion” defined.

NRS 17.470              “Distributive proceeding” defined.

NRS 17.480              “Foreign money” defined.

NRS 17.490              “Foreign-money claim” defined.

NRS 17.500              “Money” defined.

NRS 17.510              “Money of the claim” defined.

NRS 17.520              “Person” defined.

NRS 17.530              “Rate of exchange” defined.

NRS 17.540              “Spot rate” defined.

NRS 17.550              “State” defined.

NRS 17.560              Variation by agreement.

NRS 17.570              Determining money of the claim.

NRS 17.580              Determining amount of money of certain contract claims.

NRS 17.590              Asserting and defending foreign-money claim.

NRS 17.600              Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

NRS 17.610              Conversion of foreign money in distributive proceeding.

NRS 17.620              Prejudgment and judgment interest.

NRS 17.630              Enforcement of foreign judgments.

NRS 17.640              Determining United States dollar value of foreign-money claims for limited purposes.

NRS 17.650              Effect of currency revalorization.

NRS 17.660              Supplementary general principles of law.

RECOGNITION OF FOREIGN-COUNTRY MONEY JUDGMENTS (UNIFORM ACT)

NRS 17.700              Short title.

NRS 17.710              Definitions.

NRS 17.720              “Foreign country” defined.

NRS 17.730              “Foreign-country judgment” defined.

NRS 17.740              Applicability.

NRS 17.750              Standards for recognition of foreign-country judgment.

NRS 17.760              Personal jurisdiction.

NRS 17.770              Procedure for recognition of foreign-country judgment.

NRS 17.780              Effect of recognition of foreign-country judgment.

NRS 17.790              Stay of proceedings pending appeal of foreign-country judgment.

NRS 17.800              Statute of limitations.

NRS 17.810              Uniformity of interpretation.

NRS 17.820              Saving clause.

REGISTRATION OF CANADIAN MONEY JUDGMENTS (UNIFORM ACT)

NRS 17.900              Short title.

NRS 17.905              Definitions.

NRS 17.910              “Canada” defined.

NRS 17.915              “Canadian judgment” defined.

NRS 17.920              Applicability.

NRS 17.925              Registration of Canadian judgment.

NRS 17.930              Effect of registration.

NRS 17.935              Notice of registration.

NRS 17.940              Petition to vacate registration.

NRS 17.945              Stay of enforcement of judgment pending determination of petition.

NRS 17.950              Relationship to Uniform Foreign-Country Money Judgments Recognition Act.

NRS 17.955              Uniformity of application and construction.

      NRS  17.010    Judgments of Utah territorial courts validated.    No judgments of the courts of justice rendered in the Territory of Utah, prior to the organization of the Territory of Nevada, whereby property was acquired within any portion of the Territory of Nevada, shall be invalid for any informality, and no property or rights of property acquired under such judgments shall be declared invalid by reason of any irregularity in the proceedings.

      [1:117:1864]

      NRS  17.020    Action against sheriff for official acts; notice to sureties.    If an action be brought against a sheriff for an act done by virtue of his or her office, and the sheriff gives written notice thereof to the sureties on any bond of indemnity received by the sheriff, the judgment recovered therein shall be conclusive evidence of the sheriff’s right to recover against such sureties, and the court or judge in vacation, may, on motion, upon notice of 5 days, order judgment to be entered up against them for the amount so recovered, including costs.

      [1911 CPA § 300; RL § 5242; NCL § 8798]

      NRS  17.025    Payment of judgment in favor of minor.    Whenever a judgment for a sum of money is entered in favor of a minor, the court may:

      1.  Direct the money to be paid to either parent, or if the parents of the minor are living separate and apart, to the custodial parent, or if no custody award has been made, to the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, to the guardian, with or without the filing of any bond; or

      2.  Require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem with or without the filing of any bond,

Ê as in the discretion of the court seems to be in the best interests of the minor.

      (Added to NRS by 1979, 392 ; A 1983, 15 )

      NRS  17.030    Parties not summoned in action on joint obligation may be summoned after judgment.    When a judgment is recovered against one or more of several persons jointly indebted upon an obligation, by proceedings as provided in NRS 14.060 , those who were not originally served with the summons and did not appear to the action may be summoned to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons.

      [1911 CPA § 301; RL § 5243; NCL § 8799]

      NRS  17.040    Summons: Contents and service.    The summons, as provided in NRS 17.030 , shall describe the judgment, and require the person summoned to show cause why the person should not be bound by it, and shall be served in the same manner, and returnable within the same time, as the original summons. It shall not be necessary to file a new complaint.

      [1911 CPA § 302; RL § 5244; NCL § 8800]

      NRS  17.050    Affidavit to accompany summons.    The summons shall be accompanied by an affidavit of the plaintiff or the plaintiff’s agent, representative or attorney, that the judgment, or some part thereof, remains unsatisfied, and shall specify the amount due thereon.

      [1911 CPA § 303; RL § 5245; NCL § 8801]

      NRS  17.060    Answer.    Upon such summons, the defendant may answer within the time specified therein, denying the judgment or setting up any defense which may have arisen subsequently, or the defendant may deny his or her liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the statute of limitations.

      [1911 CPA § 304; RL § 5246; NCL § 8802]

      NRS  17.070    Written allegations.    If the defendant, in his or her answer, deny the judgment, or set up any defense which may have arisen subsequently, the summons, with the affidavit annexed, and the answer shall constitute the written allegations in the case. If the defendant deny his or her liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer shall constitute such written allegations.

      [1911 CPA § 305; RL § 5247; NCL § 8803]

      NRS  17.080    Trial of issues; amount of judgment if verdict found against defendant.    The issues formed may be tried as in other cases, but when the defendant denies, in his or her answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against the defendant, it shall be for the amount remaining unsatisfied on such original judgment, with interest thereon.

      [1911 CPA § 306; RL § 5248; NCL § 8804]

      NRS  17.090    Judgment by confession for debt due or contingent liability.    Except as otherwise provided by law, a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section and NRS 17.100 and 17.110 .

      [1911 CPA § 307; RL § 5249; NCL § 8805]—(NRS A 2015, 1369 )

      NRS  17.100    Written statement made by defendant; form.    A statement in writing shall be made, signed by the defendant and verified by his or her oath, to the following effect:

      1.  It shall authorize the entry of judgment for a specified sum.

      2.  If it be money due, or to become due, it shall state concisely the facts out of which it arose, and shall show that the sum confessed therefor is justly due, or to become due.

      3.  If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same.

      [1911 CPA § 308; RL § 5250; NCL § 8806]

      NRS  17.110    Filing of statement; endorsement by clerk; entry of judgment; judgment roll; costs.    The statement must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse upon it and enter in the judgment book a judgment of the court for the amount confessed, with $28 costs. The judgment and affidavit, with the judgment endorsed, thereupon become the judgment roll.

      [1911 CPA § 309; RL § 5251; NCL § 8807]—(NRS A 1981, 1792 ; 1993, 1355 ; 2001, 3215 )

      NRS  17.117    Offer of judgment.

      1.  At any time more than 21 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions of the offer. Unless otherwise specified, an offer made under this section is an offer to resolve all claims in the action between the parties to the date of the offer, including costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees.

      2.  An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.

      3.  A joint offer may be made by multiple offerors.

      4.  An offer made to multiple defendants will invoke the penalties of this section only if:

      (a) There is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another; and

      (b) The same entity, person or group is authorized to decide whether to settle the claims against the offerees.

      5.  An offer made to multiple plaintiffs will invoke the penalties of this section only if:

      (a) The damages claimed by all the offeree plaintiffs are solely derivative, such as where the damages claimed by some offerees are entirely derivative of an injury to the others or where the damages claimed by all offerees are derivative of an injury to another; and

      (b) The same entity, person or group is authorized to decide whether to settle the claims of the offerees.

      6.  Within 14 days after service of the offer, the offeree may accept the offer by serving written notice that the offer is accepted.

      7.  Within 21 days after service of written notice that the offer is accepted, the obligated party may pay the amount of the offer and obtain dismissal of the claims, rather than entry of a judgment.

      8.  If the claims are not dismissed, at any time after 21 days after service of written notice that the offer is accepted, either party may file the offer and notice of acceptance together with proof of service. The clerk must then enter judgment accordingly. The court must allow costs in accordance with NRS 18.110 unless the terms of the offer preclude a separate award of costs. Any judgment entered under this subsection must be expressly designated a compromise settlement.

      9.  If the offer is not accepted within 14 days after service, the offer will be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs, expenses and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action will proceed as to all offerees. Any offeree who fails to accept the offer may be subject to the penalties of this section.

      10.  If the offeree rejects an offer and fails to obtain a more favorable judgment:

      (a) The offeree may not recover any costs, expenses or attorney’s fees and may not recover interest for the period after the service of the offer and before the judgment; and

      (b) The offeree must pay the offeror’s post-offer costs and expenses, including a reasonable sum to cover any expenses incurred by the offeror for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case, applicable interest on the judgment from the time of the offer to the time of the entry of the judgment and reasonable attorney’s fees, if any allowed, actually incurred by the offeror from the time of the offer. If the offeror’s attorney is collecting a contingent fee, the amount of any attorney’s fees awarded to the party for whom the offer is made must be deducted from that contingency fee.

      11.  The penalties in this section run from the date of service of the earliest rejected offer for which the offeree failed to obtain a more favorable judgment.

      12.  To invoke the penalties of this section, the court must determine if the offeree failed to obtain a more favorable judgment. If the offer provided that costs, expenses, interests and, if attorney’s fees are permitted by law or contract, attorney’s fees would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees. If a party made an offer in a set amount that precluded a separate award of costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees, the court must compare the amount of the offer, together with the offeree’s pre-offer taxable costs, expenses, interest and, if attorney’s fees are permitted by law or contract, attorney’s fees with the principal amount of the judgment.

      13.  When the liability of one party to another has been determined by verdict, order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which has the same effect as an offer made before trial if it is served within a reasonable time not less than 14 days before the commencement of hearings to determine the amount or extent of liability.

      (Added to NRS by 2019, 274 )

      NRS  17.120    Replevin; judgment to be in alternative and with damages.

      1.  In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention or the value of the use thereof. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same or the value of the use thereof.

      2.  In an action on a contract or obligation for the direct payment of money, payable in a specified or agreed kind of money or currency, judgment for the plaintiff, whether the same be by default or after verdict, or decision of the court or master, may follow the contract or obligation, and be made payable in the kind of money or currency therein specified or thereby agreed.

      3.  In an action against any person for the recovery of money received by such person in a fiduciary capacity, or to the use of another, judgment for the plaintiff, whether the same be by default or after verdict, or decision of the court or master, may be made payable in the same kind of money or currency so received by such person.

      [1911 CPA § 327; RL § 5269; NCL § 8825]

      NRS  17.130    Computation of amount of judgment; interest.

      1.  In all judgments and decrees, rendered by any court of justice, for any debt, damages or costs, and in all executions issued thereon, the amount must be computed, as near as may be, in dollars and cents, rejecting smaller fractions, and no judgment, or other proceedings, may be considered erroneous for that omission.

      2.  When no rate of interest is provided by contract or otherwise by law, or specified in the judgment, the judgment draws interest from the time of service of the summons and complaint until satisfied, except for any amount representing future damages, which draws interest only from the time of the entry of the judgment until satisfied, at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date of judgment, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

      [1911 CPA § 329; RL § 5271; NCL § 8827]—(NRS A 1979, 830 ; 1981, 1858 ; 1987, 940 )

      NRS  17.140    Death of party after verdict or decision; court may render judgment; not to be lien on real property.    If a party dies after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment shall not be a lien on the real property of the deceased party, but shall be payable in the course of administration on the deceased party’s estate.

      [1911 CPA § 330; RL § 5272; NCL § 8828]

      NRS  17.150    Docketing of judgments of state and federal courts; recording of transcripts, abstracts and copies of judgments; liens on real property; duration of liens; affidavit required of judgment creditor who records judgment or decree. [Effective through December 31, 2022.]

      1.  Immediately after filing a judgment roll, the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by the clerk, noting thereon the hour and minutes of the day of such entries.

      2.  A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by the judgment debtor at the time, or which the judgment debtor may afterward acquire, until the lien expires. The lien continues for 6 years after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:

      (a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

      (b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;

      (c) The judgment is satisfied; or

      (d) The lien is otherwise discharged.

Ê The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.

      3.  The abstract described in subsection 2 must contain the:

      (a) Title of the court and the title and number of the action;

      (b) Date of entry of the judgment or decree;

      (c) Names of the judgment debtor and judgment creditor;

      (d) Amount of the judgment or decree; and

      (e) Location where the judgment or decree is entered in the minutes or judgment docket.

      4.  In addition to recording the information described in subsection 2, a judgment creditor who records a judgment or decree for the purpose of creating a lien upon the real property of the judgment debtor pursuant to subsection 2 shall record at that time an affidavit of judgment stating:

      (a) The name and address of the judgment debtor;

      (b) If the judgment debtor is a natural person:

             (1) The last four digits of the judgment debtor’s driver’s license number or identification card number and the state of issuance; or

             (2) The last four digits of the judgment debtor’s social security number;

      (c) If the lien is against real property which the judgment debtor owns at the time the affidavit of judgment is recorded, the assessor’s parcel number and the address of the real property and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of that real property; and

      (d) If a manufactured home or mobile home is included within the lien, the location and serial number of the manufactured home or mobile home and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of the manufactured home or mobile home.

Ê All information included in an affidavit of judgment recorded pursuant to this subsection must be based on the personal knowledge of the affiant, and not upon information and belief.

      5.  As used in this section:

      (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113 .

      (b) “Mobile home” has the meaning ascribed to it in NRS 489.120 .

      [1911 CPA § 332; A 1925, 220 ; 1943, 88 ; 1943 NCL § 8830]—(NRS A 1965, 648 ; 1967, 948 ; 1969, 41 ; 1989, 585 ; 1993, 541 ; 1995, 1524 ; 2007, 1313 ; 2011, 2408 )

      NRS  17.150    Docketing of judgments of state and federal courts; recording of transcripts, abstracts and copies of judgments; liens on real property; duration of liens; affidavit required of judgment creditor who records judgment or decree. [Effective January 1, 2023.]

      2.  A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by the judgment debtor at the time, or which the judgment debtor may afterward acquire, until the lien expires. Except as otherwise provided in NRS 484A.7047 , the lien continues for 6 years after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:

      [1911 CPA § 332; A 1925, 220 ; 1943, 88 ; 1943 NCL § 8830]—(NRS A 1965, 648 ; 1967, 948 ; 1969, 41 ; 1989, 585 ; 1993, 541 ; 1995, 1524 ; 2007, 1313 ; 2011, 2408 ; 2021, 3349 , effective January 1, 2023)

      NRS  17.160    Docket defined; contents.    The docket mentioned in NRS 17.150 is a book which the clerk shall keep in his or her office, with each page divided into columns: Judgment debtors; judgment creditors; judgment; time of entry; appeals; when taken; judgment of appellate court; satisfaction of judgment; when entered. If judgment be for the recovery of money or damages, the amount shall be stated in the docket under the head of judgment; if the judgment be for any other relief, a memorandum of the general character of the relief granted shall be stated. The names of the judgment debtors shall be entered in the docket in alphabetical order.

      [1911 CPA § 333; RL § 5275; NCL § 8831]—(NRS A 1965, 248 )

      NRS  17.170    Dockets open for public inspection without charge.    The docket kept by the clerk shall be open at all times during office hours for the inspection of the public without charge. The clerk shall arrange the several dockets kept by the clerk in such a manner as to facilitate their inspection.

      [1911 CPA § 334; RL § 5276; NCL § 8832]

      NRS  17.190    Computation of costs in judgment; insertion by clerk.

      1.  Included in any judgment filed shall be a computation of the costs, if they have been ascertained. The clerk shall insert a computation of the costs in the copies and docket of the judgment.

      2.  If costs are not ascertained or included in the judgment at the time of entry, the clerk shall, within 2 days after costs are ascertained, insert the same in a blank left in the judgment for that purpose and shall make a similar insertion of costs in the copies and docket of the judgment.

      [1911 CPA § 336; A 1955, 83 ]—(NRS A 1959, 25 )

      NRS  17.200    Entry in docket.    Satisfaction of a judgment may be entered in the clerk’s docket if an execution is returned satisfied, and if an acknowledgment of satisfaction is filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property, by the judgment creditor, or by the attorney, unless a revocation of the attorney’s authority is previously filed. Whenever a judgment is satisfied in fact, the party or attorney shall give such an acknowledgment, and the party who has satisfied the judgment may move the court to compel it or to order the clerk to enter the satisfaction in the docket of judgment.

      [1911 CPA § 337; RL § 5279; NCL § 8835]—(NRS A 1983, 260 )

      NRS  17.214    Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits. [Effective through December 31, 2022.]

      1.  A judgment creditor or a judgment creditor’s successor in interest may renew a judgment which has not been paid by:

      (a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must be titled as an “Affidavit of Renewal of Judgment” and must specify:

             (1) The names of the parties and the name of the judgment creditor’s successor in interest, if any, and the source and succession of his or her title;

             (2) If the judgment is recorded, the name of the county and the document number or the number and the page of the book in which it is recorded;

             (3) The date and the amount of the judgment and the number and page of the docket in which it is entered;

             (4) Whether there is an outstanding writ of execution for enforcement of the judgment;

             (5) The date and amount of any payment on the judgment;

             (6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;

             (7) The exact amount due on the judgment;

             (8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and

             (9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.

Ê All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.

      (b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).

      2.  The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.

      3.  The judgment creditor or the judgment creditor’s successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to the judgment debtor at his or her last known address within 3 days after filing the affidavit.

      4.  Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.

      (Added to NRS by 1985, 699 ; A 1995, 1525 ; 2011, 2409 )

      NRS  17.214    Filing and contents of affidavit; recording affidavit; notice to judgment debtor; successive affidavits. [Effective January 1, 2023.]

      1.  Except as otherwise provided in NRS 484A.7047 , a judgment creditor or a judgment creditor’s successor in interest may renew a judgment which has not been paid by:

      (Added to NRS by 1985, 699 ; A 1995, 1525 ; 2011, 2409 ; 2021, 3350 , effective January 1, 2023)

      NRS  17.225    Right to contribution.

      1.  Except as otherwise provided in this section and NRS 17.235 to 17.305 , inclusive, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

      2.  The right of contribution exists only in favor of a tortfeasor who has paid more than his or her equitable share of the common liability, and the tortfeasor’s total recovery is limited to the amount paid by the tortfeasor in excess of his or her equitable share. No tortfeasor is compelled to make contribution beyond his or her own equitable share of the entire liability.

      3.  A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

      (Added to NRS by 1973, 1303 ; A 1979, 1355 )

      NRS  17.235    Effect of judgment against one tortfeasor.    The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

      (Added to NRS by 1973, 1303 )

      NRS  17.245    Effect of release or covenant not to sue.

      1.  When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

      (a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and

      (b) It discharges the tortfeasor to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor.

      2.  As used in this section, “equitable indemnity” means a right of indemnity that is created by the court rather than expressly provided for in a written agreement.

      (Added to NRS by 1973, 1303 ; A 1997, 438 )

      NRS  17.255    Intentional tort bars right to contribution.    There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death.

      NRS  17.265    Certain rights of indemnity unimpaired.    Except as otherwise provided in NRS 17.245 , the provisions of NRS 17.225 to 17.305 , inclusive, do not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his or her indemnity obligation.

      (Added to NRS by 1973, 1303 ; A 1979, 1356 ; 1997, 438 )

      NRS  17.275    Subrogation of insurer.    A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s equitable share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.

      (Added to NRS by 1973, 1304 ; A 1979, 1356 )

      NRS  17.285    Enforcement of right of contribution.

      1.  Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

      2.  Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.

      3.  If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review.

      4.  If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor’s right of contribution is barred unless the tortfeasor has:

      (a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against him or her and has commenced an action for contribution within 1 year after payment; or

      (b) Agreed while action is pending against him or her to discharge the common liability and has within 1 year after the agreement paid the liability and commenced an action for contribution.

      5.  The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.

      (Added to NRS by 1973, 1304 )

      NRS  17.295    Equitable shares.    In determining the equitable shares of tortfeasors in the entire liability:

      1.  If equity requires, the collective liability of some as a group constitutes a single share; and

      2.  Principles of equity applicable to contribution generally apply.

      NRS  17.305    Inapplicability to breach of fiduciary relationship.    NRS 17.225 to 17.305 , inclusive, do not apply to breaches of trust or of other fiduciary obligation.

      NRS  17.330    Short title.    NRS 17.330 to 17.400 , inclusive, may be cited as the Uniform Enforcement of Foreign Judgments Act.

      (Added to NRS by 1979, 1496 )

      NRS  17.340    “Foreign judgment” defined.    As used in NRS 17.330 to 17.400 , inclusive, unless the context otherwise requires, “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state, except:

      1.  A judgment to which chapter 130 of NRS applies; and

      2.  An order for protection issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders.

      (Added to NRS by 1979, 1496 ; A 1997, 2268 ; 2001, 2132 )

      NRS  17.350    Filing and status of foreign judgments.    An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.

      NRS  17.360    Affidavit; notice of filing judgment and affidavit.

      1.  At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor’s attorney shall file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it has been satisfied.

      2.  Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on behalf of the judgment creditor shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to the judgment debtor’s attorney of record, if any, each at his or her last known address by certified mail, return receipt requested. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.

      3.  No execution or other process for enforcement of a foreign judgment may issue until 30 days after the date of mailing the notice of filing.

      NRS  17.370    Stay of enforcement of foreign judgment.

      1.  If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

      2.  If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including, without limitation, a showing that an appeal is pending or will be taken, that a stay has been granted, requested or will be requested, or that the time for taking an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state, including, without limitation, security determined pursuant to NRS 20.035 or 20.037 , if applicable.

      (Added to NRS by 1979, 1497 ; A 2001, 1006 ; 2015, 1520 )

      NRS  17.380    Fees.    Any person filing a foreign judgment shall pay to the clerk of the court the same filing fee as prescribed by statute for the filing of civil actions. Fees for enforcement proceedings are the same as provided for judgments of district courts of this state.

      (Added to NRS by 1979, 1497 )

      NRS  17.390    Judgment creditor may bring action to enforce judgment.    A judgment creditor may elect to bring an action to enforce his or her judgment instead of proceeding under NRS 17.330 to 17.400 , inclusive.

      (Added to NRS by 1979, 1497 ; A 1985, 37 )

      NRS  17.400    Uniformity of interpretation.    NRS 17.330 to 17.400 , inclusive, shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      NRS  17.410    Short title; uniformity of application and construction.

      1.   NRS 17.410 to 17.660 , inclusive, may be cited as the Uniform Foreign-Money Claims Act.

      2.  These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.

      (Added to NRS by 1993, 193 )

      NRS  17.420    Scope and applicability.

      1.   NRS 17.410 to 17.660 , inclusive, apply only to a foreign-money claim in an action or distributive proceeding.

      2.   NRS 17.410 to 17.660 , inclusive, apply to foreign-money issues even if other law applies to other issues in the action or distributive proceeding under the rules of this state governing the conflict of laws.

      3.   NRS 17.410 to 17.660 , inclusive, apply to actions and distributive proceedings commenced after January 1, 1994.

      (Added to NRS by 1993, 194 )

      NRS  17.430    Definitions.    As used in NRS 17.410 to 17.660 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.440 to 17.550 , inclusive, have the meanings ascribed to them in those sections.

      NRS  17.440    “Action” defined.    “Action” means a judicial proceeding or an arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.

      NRS  17.450    “Bank-offered spot rate” defined.    “Bank-offered spot rate” means the spot rate of exchange at which a bank will sell foreign money at a spot rate.

      NRS  17.460    “Date of conversion” defined.    “Date of conversion” means the banking day next preceding the date on which money, in accordance with NRS 17.410 to 17.660 , inclusive, is:

      1.  Paid to a claimant in an action or distributive proceeding;

      2.  Paid to the officer designated by law to enforce a judgment or award on behalf of a claimant; or

      3.  Used to recoup, set off or counterclaim in different moneys in an action or distributive proceeding.

      NRS  17.470    “Distributive proceeding” defined.    “Distributive proceeding” means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund.

      NRS  17.480    “Foreign money” defined.    “Foreign money” means money other than money of the United States of America.

      NRS  17.490    “Foreign-money claim” defined.    “Foreign-money claim” means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.

      NRS  17.500    “Money” defined.    “Money” means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.

      NRS  17.510    “Money of the claim” defined.    “Money of the claim” means the money determined as proper pursuant to NRS 17.570 .

      NRS  17.520    “Person” defined.    “Person” includes two or more persons having a joint or common interest.

      NRS  17.530    “Rate of exchange” defined.    “Rate of exchange” means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.

      NRS  17.540    “Spot rate” defined.    “Spot rate” means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.

      (Added to NRS by 1993, 195 )

      NRS  17.550    “State” defined.    “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.

      NRS  17.560    Variation by agreement.

      1.  The effect of NRS 17.410 to 17.660 , inclusive, may be varied by agreement of the parties made before or after commencement of an action or distributive proceeding or the entry of judgment.

      2.  Parties to the transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.

      NRS  17.570    Determining money of the claim.

      1.  The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.

      2.  If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:

      (a) Regularly used between the parties as a matter of usage or course of dealing;

      (b) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or

      (c) In which the loss was ultimately felt or will be incurred by the party claimant.

      NRS  17.580    Determining amount of money of certain contract claims.

      1.  If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the date of conversion.

      2.  If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the date of conversion.

      3.  A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid on the debtor’s money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.

      NRS  17.590    Asserting and defending foreign-money claim.

      1.  A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.

      2.  An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.

      3.  A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.

      4.  The determination of the proper money of the claim is a question of law.

      NRS  17.600    Judgments and awards on foreign-money claims; times of money conversion; form of judgment.

      1.  Except as otherwise provided in subsection 3, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.

      2.  A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the date of conversion at a bank-offered spot rate.

      3.  Assessed costs must be entered in United States dollars.

      4.  Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the date of conversion for that payment.

      5.  A judgment or award made in an action or distributive proceeding on both a defense, set-off, recoupment or counterclaim and the adverse party’s claim must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.

      6.  A judgment substantially in the following form complies with subsection 1:

       IT IS ORDERED AND ADJUDGED that the plaintiff .................... (insert name) .................... recover of the defendant .................... (insert name) .................... the sum of .......... (insert amount in the foreign money) .......... plus interest on that sum at the rate of .......... (insert rate—see NRS 17.620 ) .......... percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the .......... (insert name of foreign money) .......... with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of .......... (insert amount) .......... United States dollars.

      7.  If a contract claim is of the type covered by subsection 1 or 2 of NRS 17.580 , the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the date of conversion at a bank-offered spot rate.

      8.  A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.

      (Added to NRS by 1993, 196 )

      NRS  17.610    Conversion of foreign money in distributive proceeding.    The rate of exchange prevailing at or near the close of business on the day the distributive proceeding is initiated governs all exchanges of foreign money in a distributive proceeding. A foreign-money claimant in a distributive proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.

      NRS  17.620    Prejudgment and judgment interest.

      1.  With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distributive proceeding, except as otherwise provided in subsection 2, are matters of the substantive law governing the right to recovery under the rules of this state governing the conflict of laws.

      2.  The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.

      3.  A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.

      (Added to NRS by 1993, 197 )

      NRS  17.630    Enforcement of foreign judgments.

      1.  If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in NRS 17.600 , whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.

      2.  A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.

      3.  A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.

      4.  A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.

      NRS  17.640    Determining United States dollar value of foreign-money claims for limited purposes.

      1.  Computations under this section are for the limited purposes of the section and do not affect computation of the equivalent in United States dollars of the money of the judgment for the purpose of payment.

      2.  For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections 3 and 4.

      3.  A party seeking process, costs, bond or other undertaking under subsection 2 shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.

      4.  A party seeking the process, costs, bond or other undertaking under subsection 2 shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officers incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.

      NRS  17.650    Effect of currency revalorization.

      1.  If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss must be treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.

      2.  If substitution under subsection 1 occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.

      (Added to NRS by 1993, 198 )

      NRS  17.660    Supplementary general principles of law.    Unless displaced by particular provisions of NRS 17.410 to 17.660 , inclusive, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement the provisions of those sections.

      NRS  17.700    Short title.    NRS 17.700 to 17.820 , inclusive, may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.

      (Added to NRS by 2007, 147 )

      NRS  17.710    Definitions.    As used in NRS 17.700 to 17.820 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.720 and 17.730 have the meanings ascribed to them in those sections.

      NRS  17.720    “Foreign country” defined.    “Foreign country” means a government other than:

      1.  The United States;

      2.  A state, district, commonwealth, territory or insular possession of the United States; or

      3.  Any other government with regard to which the decision in this State as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.

      NRS  17.730    “Foreign-country judgment” defined.    “Foreign-country judgment” means a judgment of a court of a foreign country.

      NRS  17.740    Applicability.

      1.  Except as otherwise provided in subsection 2, NRS 17.700 to 17.820 , inclusive, apply to a foreign-country judgment to the extent that the judgment:

      (a) Grants or denies recovery of a sum of money; and

      (b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.

      2.   NRS 17.700 to 17.820 , inclusive, do not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:

      (a) A judgment for taxes;

      (b) A fine or other penalty; or

      (c) A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.

      3.  A party seeking recognition of a foreign-country judgment has the burden of establishing that NRS 17.700 to 17.820 , inclusive, apply to the foreign-country judgment.

      NRS  17.750    Standards for recognition of foreign-country judgment.

      1.  Except as otherwise provided in subsections 2 and 3, a court of this State shall recognize a foreign-country judgment to which NRS 17.700 to 17.820 , inclusive, apply.

      2.  A court of this State may not recognize a foreign-country judgment if:

      (a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

      (b) The foreign court did not have personal jurisdiction over the defendant; or

      (c) The foreign court did not have jurisdiction over the subject matter.

      3.  A court of this State need not recognize a foreign-country judgment if:

      (a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

      (b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

      (c) The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this State or of the United States;

      (d) The judgment conflicts with another final and conclusive judgment;

      (e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

      (f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

      (g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

      (h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

      4.  A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.

      (Added to NRS by 2007, 148 )

      NRS  17.760    Personal jurisdiction.

      1.  A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:

      (a) The defendant was served with process personally in the foreign country;

      (b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;

      (c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

      (d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;

      (e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or

      (f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.

      2.  The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection 1 as sufficient to support a foreign-country judgment.

      NRS  17.770    Procedure for recognition of foreign-country judgment.

      1.  If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

      2.  If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.

      (Added to NRS by 2007, 149 )

      NRS  17.780    Effect of recognition of foreign-country judgment.    If the court in a proceeding under NRS 17.770 finds that the foreign-country judgment is entitled to recognition under NRS 17.700 to 17.820 , inclusive, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:

      1.  Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive; and

      2.  Enforceable in the same manner and to the same extent as a judgment rendered in this State.

      NRS  17.790    Stay of proceedings pending appeal of foreign-country judgment.    If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

      NRS  17.800    Statute of limitations.    An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.

      NRS  17.810    Uniformity of interpretation.    In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      NRS  17.820    Saving clause.    NRS 17.700 to 17.820 , inclusive, do not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of NRS 17.700 to 17.820 , inclusive.

      NRS  17.900    Short title.    NRS 17.900 to 17.955 , inclusive, may be cited as the Uniform Registration of Canadian Money Judgments Act.

      (Added to NRS by 2021, 509 )

      NRS  17.905    Definitions.    As used in NRS 17.900 to 17.955 , inclusive, unless the context otherwise requires, the words and terms defined in NRS 17.910 and 17.915 have the meanings ascribed to them in those sections.

      NRS  17.910    “Canada” defined.    “Canada” means the sovereign nation of Canada and its provinces and territories. “Canadian” has a corresponding meaning.

      NRS  17.915    “Canadian judgment” defined.    “Canadian judgment” means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.

      NRS  17.920    Applicability.

      1.   NRS 17.900 to 17.955 , inclusive, apply to a Canadian judgment to the extent the judgment is within the scope of NRS 17.740 , if recognition of the judgment is sought to enforce the judgment.

      2.  A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under NRS 17.900 to 17.955 , inclusive, but only to the extent of the grant of recovery of a sum of money.

      3.  A Canadian judgment regarding subject matter both within and not within the scope of NRS 17.900 to 17.955 , inclusive, may be registered under NRS 17.900 to 17.955 , inclusive, but only to the extent the judgment is with regard to subject matter within the scope of NRS 17.900 to 17.955 , inclusive.

      (Added to NRS by 2021, 510 )

      NRS  17.925    Registration of Canadian judgment.

      1.  A person seeking recognition of a Canadian judgment described in NRS 17.920 to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under NRS 17.770 .

      2.  A registration under subsection 1 must be executed by the person registering the judgment or the person’s attorney and include:

      (a) A copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the court that entered the judgment;

      (b) The name and address of the person registering the judgment;

      (c) If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;

      (d) The name and last known address of the person against whom the judgment is being registered;

      (e) If the judgment is of the type described in subsection 2 or 3 of NRS 17.920 , a description of the part of the judgment being registered;

      (f) The amount of the judgment or part of the judgment being registered, identifying:

             (1) The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies and the date when interest began to accrue;

             (2) Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney’s fees; and

             (3) The amount of an award of attorney’s fees included in the judgment or part of the judgment being registered;

      (g) The amount, as of the date of registration, of postjudgment costs, expenses, and attorney’s fees claimed by the person registering the judgment or part of the judgment;

      (h) The amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;

      (i) A statement that:

             (1) The judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered;

             (2) The judgment or part of the judgment being registered is within the scope of NRS 17.900 to 17.955 , inclusive; and

             (3) If a part of the judgment is being registered, the amounts stated in the registration under paragraphs (f), (g) and (h) relate to the part;

      (j) If the judgment is not in English, a certified translation of the judgment into English; and

      (k) A registration fee in an amount equal to the fee for filing an action for recognition of a judgment pursuant to NRS 17.700 to 17.820 , inclusive.

      3.  On receipt of a registration that includes the documents, information and registration fee required by subsection 2, the clerk shall file the registration, assign a docket number and enter the Canadian judgment in the court’s docket.

      4.  A registration substantially in the following form complies with the registration requirements under subsection 2 if the registration includes the attachments specified in the form:

REGISTRATION OF CANADIAN MONEY JUDGMENT

       Complete and file this form, together with the documents required by Part V of this form, with the clerk of court. When stating an amount of money, identify the currency in which the amount is stated.

PART I. IDENTIFICATION OF CANADIAN JUDGMENT

       Canadian Court Rendering the Judgment: .........................................................

       Case/Docket Number in Canadian Court: .........................................................

       Name of Plaintiff(s): .............................................................................................

       Name of Defendant(s): ..........................................................................................

       The Canadian Court entered the judgment on .................... [Date] in ....................... [City] in .................................. [Province or Territory]. The judgment includes an award for the payment of money in favor of ....................................... in the amount of ............................ . If only part of the Canadian judgment is subject to registration (see subsections 2 and 3 of NRS 17.920 ), describe the part of the judgment being registered: ................................

..........................................................................................................................................

PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED

       Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration.

       Name of Person(s) Registering Judgment: ........................................................

       If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement:       

       Address of Person(s) Registering Judgment: ....................................................

       Additional Contact Information for Person(s) Registering Judgment    (Optional):

       Telephone Number: ..........................  Facsimile Number: ................................

       Electronic Mail Address: ......................................................................................

       Name of Attorney for Person(s) Registering Judgment, if any: ....................

       Address: ...................................................................................................................

       Name of Person(s) Against Whom Judgment is Being Registered: .............

       Address of Person(s) Against Whom Judgment is Being Registered: .............................................................................. (provide the most recent address known)

       Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known):

PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT

       Identify the currency or currencies in which each amount is stated.

       The amount of the Canadian judgment or part of the judgment being registered is            .

       The amount of interest accrued as of the date of registration on the part of the judgment being registered is               .

       The applicable rate of interest is ........................................................................ .

       The date when interest began to accrue is ........................................................ .

       The part of the judgment to which the interest applies is .............................. .

       The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of ................................ (exclude any amount included in the award of costs and expenses which represents an award of attorney’s fees).

       The Canadian Court awarded attorney’s fees relating to the part of the judgment being registered in the amount of .

       The person registering the Canadian judgment claims postjudgment costs and expenses in the amount of ................................ and postjudgment attorney’s fees in the amount of ................................ relating to the part of the judgment being registered (include only costs, expenses and attorney’s fees incurred before registration).

       The amount of the part of the judgment being registered which has been satisfied as of the date of registration is     .

       The total amount for which enforcement of the part of the judgment being registered is sought is .

PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT

       I, ............................................................................... [Person Registering Judgment or Attorney for Person Registering Judgment] state:

       1.  The Canadian judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered.

       2.  The Canadian judgment or part of the judgment being registered is within the scope of NRS 17.900 to 17.955 , inclusive.

       3.  If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.

PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION

       Attached are (check to signify required items are included):

       .......... A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the Canadian court that entered the judgment.

       .......... If the Canadian judgment is not in English, a certified translation of the judgment into English.

       .......... A registration fee in the amount of $150.

       I declare that the information provided on this form is true and correct to the best of my knowledge and belief.

             Submitted by: ...................................................................................................

Signature of [Person Registering Judgment]

[Attorney for Person Registering Judgment]

                                                                         [specify whether signer is the person

                                                                         registering the judgment or that

                                                                         person’s attorney]

Date of submission: ..............................................................

      NRS  17.930    Effect of registration.

      1.  Subject to subsection 2, a Canadian judgment registered under NRS 17.925 has the same effect provided in NRS 17.780 for a judgment a court determines to be entitled to recognition.

      2.  A Canadian judgment registered under NRS 17.925 may not be enforced by sale or other disposition of property, or by seizure of property or garnishment, until 31 days after notice under NRS 17.935 of registration is served. The court for cause may provide for a shorter or longer time. This subsection does not preclude use of relief available under law of this State other than NRS 17.900 to 17.955 , inclusive, to prevent dissipation, disposition or removal of property.

      (Added to NRS by 2021, 513 )

      NRS  17.935    Notice of registration.

      1.  A person that registers a Canadian judgment under NRS 17.925 shall cause notice of registration to be served on the person against whom the judgment has been registered.

      2.  Notice under this section must be served in the same manner that a summons and complaint must be served in an action seeking recognition under NRS 17.770 of a foreign-country money judgment.

      3.  Notice under this section must include:

      (a) The date of registration and court in which the judgment was registered;

      (b) The docket number assigned to the registration;

      (c) The name and address of:

             (1) The person registering the judgment; and

             (2) The person’s attorney, if any;

      (d) A copy of the registration, including the documents required under subsection 2 of NRS 17.925 ; and

      (e) A statement that:

             (1) The person against whom the judgment has been registered, not later than 30 days after the date of service of notice, may petition the court to vacate the registration; and

             (2) The court for cause may provide for a shorter or longer time.

      4.  Proof of service of notice under this section must be filed with the clerk of the court.

      NRS  17.940    Petition to vacate registration.

      1.  Not later than 30 days after notice under NRS 17.935 is served, the person against whom the judgment was registered may petition the court to vacate the registration. The court for cause may provide for a shorter or longer time for filing the petition.

      2.  A petition under this section may assert only:

      (a) A ground that could be asserted to deny recognition of the judgment under the Uniform Foreign-Country Money Judgments Recognition Act; or

      (b) A failure to comply with a requirement of NRS 17.900 to 17.955 , inclusive, for registration of the judgment.

      3.  A petition filed under this section does not itself stay enforcement of the registered judgment.

      4.  If the court grants a petition under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.

      5.  If the court grants a petition under this section on a ground under paragraph (a) of subsection 2, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under the Uniform Foreign-Country Money Judgments Recognition Act.

      NRS  17.945    Stay of enforcement of judgment pending determination of petition.    A person that files a petition under subsection 1 of NRS 17.940 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition. The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in subsection 2 of NRS 17.940 for vacating a registration. The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.

      (Added to NRS by 2021, 514 )

      NRS  17.950    Relationship to Uniform Foreign-Country Money Judgments Recognition Act.

      1.   NRS 17.900 to 17.955 , inclusive, supplement the Uniform Foreign-Country Money Judgments Recognition Act and that Act, other than NRS 17.770 , applies to a registration under NRS 17.900 to 17.955 , inclusive.

      2.  A person may seek recognition of a Canadian judgment described in NRS 17.920 either:

      (a) By registration under NRS 17.900 to 17.955 , inclusive; or

      (b) Under NRS 17.770 .

      3.  Subject to subsection 4, a person may not seek recognition in this State of the same judgment or part of a judgment described in subsection 2 or 3 of NRS 17.920 with regard to the same person under both NRS 17.900 to 17.955 , inclusive, and NRS 17.770 .

      4.  If the court grants a petition to vacate a registration solely on a ground under paragraph (b) of subsection 2 of NRS 17.940 , the person seeking registration may:

      (a) If the defect in the registration can be cured, file a new registration under NRS 17.900 to 17.955 , inclusive; or

      (b) Seek recognition of the judgment under NRS 17.770 .

      NRS  17.955    Uniformity of application and construction.    In applying and construing the Uniform Registration of Canadian Money Judgments Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

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Small Claims Forms

INSTRUCTIONS AND UPDATES

Instructions for Filing a Small Claims Suit (Revised 1-2022)  View the PDF

New Process for Evictions (Effective 11-2022) View the PDF

Quiet Title Instructions (Updated 3-2024) View the PDF

Affidavit and Order for Final Judgment of Possession by Default for Claims Calendar (Revised 6-2024) View the PDF For Attorney Use

Affidavit and Order for Final Judgment of Possession by Default for Trial Calendar (Revised 6-2024) View the PDF

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Affidavit of Service (Revised 4-2018)  View the PDF

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Appearance for Self-Represented Person in Small Claims (Revised 3-2017)  View the PDF

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Banking Institution Garnishment Order (Revised 2019)  View the PDF

Chronological Case Summary (CCS) Entry Sheet (Revised 2-2023)  View the PDF

Contempt Citation (Revised 3-2017)  View the PDF

Exemption Claim and Request for Hearing (Revised 2015)  View the PDF

Garnishment Order (Revised 2019)  View the PDF

Interrogatories Propounded to Garnishee Defendant (Revised 3-2019)  View the PDF

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Motion and Order for Dismissal (Revised 3-2017)  View the PDF

Motion for Quiet Title Default Judgment  View the PDF

Motion for Reduction of Garnishment (3-2024) View the PDF

Motion to Seal Eviction Case (9-2022) View the PDF

Motion to Set Aside Default Judgment (Revised 2016)  View the PDF

Notice of Claim (Revised 2-2023)  View the PDF

Notice of Claim for Claims Calendar (Revised 6-2024)   View the PDF  for Attorney Use

Notice of Claim for Trial Calendar (Revised 6-2024) View the PDF

Notice of Eviction Claim (Revised 5-2023) View the PDF

Notice of Telephonic Proceedings Supplemental Settlement Conference (1-2024)  View the PDF

Notice of Quiet Title Claim (Revised 2-2022)  View the PDF

Order to Release Body Attachment (Revised 2015)  View the PDF

Payment Guidelines for Employers and Wage Withholders (Revised 2019)  View the PDF

Payment Guidelines for Garnishee Defendant (Revised 2019)  View the PDF

Post Judgment Payment Agreement (Revised 2019)  View the PDF

Release of Judgment (Revised 2015)  View the PDF

Request for Issuance of a Body Attachment (Revised 2015)  View the PDF

Resolution (Revised 2022)  View the PDF

Return of Service of Summons (Revised 2017)  View the PDF

Subpoena (Revised 2015)  View the PDF

Verification of Ownership (Revised 2017)  View the PDF

Verified Motion and Order for Proceedings Supplemental to Defendant (Revised 7-2020)  View the PDF for Attorney Use  (Revised 1-2024) ; View the PDF for Pro Se Party Use

Verified Motion and Order for Proceedings Supplemental to Defendant and Garnishee Defendant (Revised 7-2020) View the PDF for Attorney Use ; View the PDF for Pro Se Party Use

Verified Motion and Order for Proceedings Supplemental Notice Summons to Garnishee Defendant Financial Institution (Revised 7-2020)  View the PDF for Attorney Use ; View the PDF for Pro Se Party Use

Verified Motion for Continuance (Revised 2-2023) View the PDF

Verified Motion for Fee Waiver (Revised 11-2018)  View the PDF

Verified Petition for Emergency Possessory Order (Revised 1-2021)  View the PDF

Verified Petition to Expunge Protection Order (5-2023) View the PDF

Voluntary Wage Assignment (Revised 2019)  View the PDF

Warrant Information Card (Revised 2018)  View the PDF

Writ of Attachment for Person in Contempt – Out of State (Revised 2015)  View the PDF

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2023 New York Laws CVP - Civil Practice Law and Rules Article 32 - Accelerated Judgment 3215 - Default Judgment.

(b) Procedure before court. The court, with or without a jury, may make an assessment or take an account or proof, or may direct a reference. The party entitled to judgment may be permitted to submit, in addition to the proof required by subdivision (f) of this section, properly executed affidavits or affirmations as proof of damages, provided that if the defaulting party gives reasonable notice that it will appear at the inquest, the party seeking damages may submit any such proof by oral testimony of the witnesses in open court or, after giving reasonable notice that it will do so, by written sworn statements of the witnesses, but shall make all such witnesses available for cross-examination. When a reference is directed, the court may direct that the report be returned to it for further action or, except where otherwise prescribed by law, that judgment be entered by the clerk in accordance with the report without any further application. Except in a matrimonial action, no finding of fact in writing shall be necessary to the entry of a judgment on default. The judgment shall not exceed in amount or differ in type from that demanded in the complaint or stated in the notice served pursuant to subdivision (b) of rule 305 of this chapter.

(c) Default not entered within one year. If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. A motion by the defendant under this subdivision does not constitute an appearance in the action.

(d) Multiple defendants. Whenever a defendant has answered and one or more other defendants have failed to appear, plead, or proceed to trial of an action reached and called for trial, notwithstanding the provisions of subdivision (c) of this section, upon application to the court within one year after the default of any such defendant, the court may enter an ex parte order directing that proceedings for the entry of a judgment or the making of an assessment, the taking of an account or proof, or the direction of a reference be conducted at the time of or following the trial or other disposition of the action against the defendant who has answered. Such order shall be served on the defaulting defendant in such manner as shall be directed by the court.

(e) Place of application to court. An application to the court under this section may be made, except where otherwise prescribed by rules of the chief administrator of the courts, by motion at any trial term in which the action is triable or at any special term in which a motion in the action could be made. Any reference shall be had in the county in which the action is triable, unless the court orders otherwise.

(f) Proof. On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint, or a summons and notice served pursuant to subdivision (b) of rule 305 or subdivision (a) of rule 316 of this chapter, and proof of the facts constituting the claim, the default and the amount due, including, if applicable, a statement that the interest rate for consumer debt pursuant to section five thousand four of this chapter applies, by affidavit made by the party, or where the state of New York is the plaintiff, by affidavit made by an attorney from the office of the attorney general who has or obtains knowledge of such facts through review of state records or otherwise. Where a verified complaint has been served, it may be used as the affidavit of the facts constituting the claim and the amount due; in such case, an affidavit as to the default shall be made by the party or the party's attorney. In an action arising out of a consumer credit transaction, if the plaintiff is not the original creditor, the applicant shall include: (1) an affidavit by the original creditor of the facts constituting the debt, the default in payment, the sale or assignment of the debt, and the amount due at the time of sale or assignment; (2) for each subsequent assignment or sale of the debt to another entity, an affidavit of sale of the debt by the debt seller, completed by the seller or assignor; and (3) an affidavit of a witness of the plaintiff, which includes a chain of title of the debt, completed by the plaintiff or plaintiff's witness. In an action arising from medical debt, if the plaintiff is not a hospital licensed under article twenty-eight of the public health law or a health care professional authorized under title eight of the education law, the applicant shall include: (1) an affidavit by the hospital or health care professional of the facts constituting the medical debt, the default in payment, the sale or assignment of the medical debt, and the amount due at the time of sale or assignment; (2) for each subsequent assignment or sale of the medical debt to another entity, an affidavit of sale of the medical debt by the debt seller, completed by the seller or assignor; and (3) an affidavit of a witness of the plaintiff, which includes a chain of title of the medical debt, completed by the plaintiff or plaintiff's witness. The chief administrative judge shall issue form affidavits to satisfy the requirements of this subdivision for consumer credit transactions and actions arising from medical debt. When jurisdiction is based on an attachment of property, the affidavit must state that an order of attachment granted in the action has been levied on the property of the defendant, describe the property and state its value. Proof of mailing the notice required by subdivision (g) of this section, where applicable, shall also be filed.

(g) Notice. 1. Except as otherwise provided with respect to specific actions, whenever application is made to the court or to the clerk, any defendant who has appeared is entitled to at least five days' notice of the time and place of the application, and if more than one year has elapsed since the default any defendant who has not appeared is entitled to the same notice unless the court orders otherwise. The court may dispense with the requirement of notice when a defendant who has appeared has failed to proceed to trial of an action reached and called for trial.

2. Where an application for judgment must be made to the court, the defendant who has failed to appear may serve on the plaintiff at any time before the motion for judgment is heard a written demand for notice of any reference or assessment by a jury which may be granted on the motion. Such a demand does not constitute an appearance in the action. Thereupon at least five days' notice of the time and place of the reference or assessment by a jury shall be given to the defendant by service on the person whose name is subscribed to the demand, in the manner prescribed for service of papers generally.

3. (i) When a default judgment based upon nonappearance is sought against a natural person in an action based upon nonpayment of a contractual obligation an affidavit shall be submitted that additional notice has been given by or on behalf of the plaintiff at least twenty days before the entry of such judgment, by mailing a copy of the summons by first-class mail to the defendant at his place of residence in an envelope bearing the legend "personal and confidential" and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt. In the event such mailing is returned as undeliverable by the post office before the entry of a default judgment, or if the place of residence of the defendant is unknown, a copy of the summons shall then be mailed in the same manner to the defendant at the defendant's place of employment if known; if neither the place of residence nor the place of employment of the defendant is known, then the mailing shall be to the defendant at his last known residence.

(ii) The additional notice may be mailed simultaneously with or after service of the summons on the defendant. An affidavit of mailing pursuant to this paragraph shall be executed by the person mailing the notice and shall be filed with the judgment. Where there has been compliance with the requirements of this paragraph, failure of the defendant to receive the additional notice shall not preclude the entry of default judgment.

(iii) This requirement shall not apply to cases in the small claims part of any court, or to any summary proceeding to recover possession of real property, or to actions affecting title to real property, except residential mortgage foreclosure actions.

4. (i) When a default judgment based upon non-appearance is sought against a domestic or authorized foreign corporation which has been served pursuant to paragraph (b) of section three hundred six of the business corporation law, an affidavit shall be submitted that an additional service of the summons by first class mail has been made upon the defendant corporation at its last known address at least twenty days before the entry of judgment.

(ii) The additional service of the summons by mail may be made simultaneously with or after the service of the summons on the defendant corporation pursuant to paragraph (b) of section three hundred six of the business corporation law, and shall be accompanied by a notice to the corporation that service is being made or has been made pursuant to that provision. An affidavit of mailing pursuant to this paragraph shall be executed by the person mailing the summons and shall be filed with the judgment. Where there has been compliance with the requirements of this paragraph, failure of the defendant corporation to receive the additional service of summons and notice provided for by this paragraph shall not preclude the entry of default judgment.

(iii) This requirement shall not apply to cases in the small claims part or commercial claims part of any court, or to any summary proceeding to recover possession of real property, or to actions affecting title to real property.

(h) Judgment for excess where counterclaim interposed. In an action upon a contract where the complaint demands judgment for a sum of money only, if the answer does not deny the plaintiff's claim but sets up a counterclaim demanding an amount less than the plaintiff's claim, the plaintiff upon filing with the clerk an admission of the counterclaim may take judgment for the excess as upon a default.

(i) Default judgment for failure to comply with stipulation of settlement. 1. Where, after commencement of an action, a stipulation of settlement is made, providing, in the event of failure to comply with the stipulation, for entry without further notice of a judgment in a specified amount with interest, if any, from a date certain, the clerk shall enter judgment on the stipulation and an affidavit as to the failure to comply with the terms thereof, together with a complaint or a concise statement of the facts on which the claim was based, and, if applicable, a statement that the interest rate for consumer debt pursuant to section five thousand four of this chapter applies.

2. Where, after commencement of an action, a stipulation of settlement is made, providing, in the event of failure to comply with the stipulation, for entry without further notice of a judgment dismissing the action, the clerk shall enter judgment on the stipulation and an affidavit as to the failure to comply with the terms thereof, together with the pleadings or a concise statement of the facts on which the claim and the defense were based.

(j) Affidavit. A request for a default judgment entered by the clerk, must be accompanied by an affidavit by the plaintiff or plaintiff's attorney stating that after reasonable inquiry, he or she has reason to believe that the statute of limitations has not expired. The chief administrative judge shall issue form affidavits to satisfy the requirements of this subdivision for consumer credit transactions and actions arising from medical debt.

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A Cure for the Missing or Defective Assignment of Mortgage: The Doctrine of Equitable Assignment in Ohio

The Schwartzwald Case and the "Standing" Issue The recent Ohio Supreme Court case, Fed. Home Loan Mtge. Corp. v. Schwartzwald 1 delineated the requirement that an Ohio foreclosure plaintiff must establish its "standing" or the right to make the legal claim and seek judicial enforcement of its rights, as of the date the foreclosure action is commenced. Hence, a foreclosure action will be dismissed if the plaintiff cannot establish that it had an interest in the note or mortgage at the time it filed suit.

Complying with the requirements of the Schwartzwald case is not difficult, although a delay in commencing the case will be incurred, if necessary, to complete the chain of assignments.  If the plaintiff was the original lender, the note and mortgage attached as exhibits to the complaint will evidence the plaintiff's standing.   If the plaintiff has acquired the loan, the note (including the chain of executed indorsements or allonges), the mortgage, and the chain of assignments of the mortgage must be attached as exhibits to the complaint. 

Can a New Assignment Be Obtained? In some cases, the title exam may show that no assignment was ever recorded, or it was defective.  If the entity that sold the loan is still in existence and is cooperative, a new assignment of the mortgage can be obtained prior to commencing the foreclosure.  But if the entity is no longer in existence, or if for any other reason a new assignment cannot be obtained, the problem is not irreparable.

The Misconception Many parties in the industry mistakenly believe that filing a "lost assignment affidavit" with the County Recorder fixes the problem.  However, in Ohio, the law is clear that although an affidavit of facts relating to title can be used to explain an interest in the real property, it cannot create an interest in the real property.  Hence, the mere filing of a self-serving affidavit by the purchaser of the loan, that it is the holder of the mortgage because the assignment of the mortgage was lost before it was recorded, will be deemed a nullity, and will not constitute sufficient evidence to establish that it is the holder of the mortgage.

Equitable Assignment of the Mortgage The solution to the missing assignment problem lies in including a claim for a declaratory judgment in the foreclosure complaint, asserting that the plaintiff is entitled to a finding that it became and is the holder of the mortgage, based on the doctrine of "equitable assignment of the mortgage." 

The Gray Case and the Cure On July 30, 2013, the Court of Appeals for the 10th district of Ohio applied this doctrine in U.S. Bank Natl. Assn. V. Gray 2 .  The plaintiff in the case had become the holder of the note by having possession of the note, which contained an indorsement in blank.  However, the assignment of the mortgage to the plaintiff had been executed not by the original mortgage holder, but by a second entity with a similar name.  An assignment of the mortgage to the second entity was recorded a few months later, but because the two assignments were not recorded in the correct order, the second entity had no recorded interest in the mortgage when it executed the previous assignment to the plaintiff.  Consequently, the assignment of the mortgage to the plaintiff was a nullity.    When the plaintiff proceeded with the foreclosure action, the borrower relied on the defective chain of assignments of the mortgage in arguing that the plaintiff lacked the required standing.

The court, citing prior cases, stated that under Ohio common law where a promissory note is secured by a mortgage, the note is evidence of the debt and the mortgage is a mere incident of the debt. Therefore, the proper transfer of a note operates as an equitable assignment of the mortgage, even though the mortgage is not assigned or delivered. In other words, the mortgage follows the note.  Hence, the plaintiff’s standing to prosecute the foreclosure action was established.

The court also answered a question that the legal community has been pondering since the Schwartzwald case was issued.  The Schwartzwald case stated that to have standing to pursue a foreclosure action, a plaintiff must establish an interest in the note or mortgage at the time it filed suit and cannot rely on events occurring after the filing of the complaint.  Did the Ohio Supreme Court intentionally use the words  "note or mortgage" and not the words "note and mortgage," thereby implying that the plaintiff has standing even in cases where at the time it filed its complaint , the plaintiff was the holder of the note, but not the mortgage, and the mortgage was subsequently assigned to the plaintiff?  The Gray decision answered this question by essentially stating that "or" means "or," and therefore, an interest in the note alone is sufficient to establish standing.

Preventive Medicine Ensuring that the documentation to complete the chain of transfers of the note and mortgage was executed with precision, and that the necessary originals of the documents were physically transferred, and properly recorded and retained, are due diligence items that can avoid delays or roadblocks in the foreclosure process.

If you have any questions on this matter, please contact Mr. Larry R. Rothenberg, Esq. Larry is the partner in charge of Weltman’s Real Estate Default Unit in the Cleveland office. He can be reached at 216.685.1135 and [email protected] .

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40 Facts About Elektrostal

Written by Lanette Mayes

Modified & Updated: 01 Jun 2024

Reviewed by Jessica Corbett

Elektrostal is a vibrant city located in the Moscow Oblast region of Russia. With a rich history, stunning architecture, and a thriving community, Elektrostal is a city that has much to offer. Whether you are a history buff, nature enthusiast, or simply curious about different cultures, Elektrostal is sure to captivate you.

This article will provide you with 40 fascinating facts about Elektrostal, giving you a better understanding of why this city is worth exploring. From its origins as an industrial hub to its modern-day charm, we will delve into the various aspects that make Elektrostal a unique and must-visit destination.

So, join us as we uncover the hidden treasures of Elektrostal and discover what makes this city a true gem in the heart of Russia.

Key Takeaways:

• Elektrostal, known as the “Motor City of Russia,” is a vibrant and growing city with a rich industrial history, offering diverse cultural experiences and a strong commitment to environmental sustainability.
• With its convenient location near Moscow, Elektrostal provides a picturesque landscape, vibrant nightlife, and a range of recreational activities, making it an ideal destination for residents and visitors alike.

Known as the “Motor City of Russia.”

Elektrostal, a city located in the Moscow Oblast region of Russia, earned the nickname “Motor City” due to its significant involvement in the automotive industry.

Home to the Elektrostal Metallurgical Plant.

Elektrostal is renowned for its metallurgical plant, which has been producing high-quality steel and alloys since its establishment in 1916.

Boasts a rich industrial heritage.

Elektrostal has a long history of industrial development, contributing to the growth and progress of the region.

Founded in 1916.

The city of Elektrostal was founded in 1916 as a result of the construction of the Elektrostal Metallurgical Plant.

Located approximately 50 kilometers east of Moscow.

Elektrostal is situated in close proximity to the Russian capital, making it easily accessible for both residents and visitors.

Known for its vibrant cultural scene.

Elektrostal is home to several cultural institutions, including museums, theaters, and art galleries that showcase the city’s rich artistic heritage.

A popular destination for nature lovers.

Surrounded by picturesque landscapes and forests, Elektrostal offers ample opportunities for outdoor activities such as hiking, camping, and birdwatching.

Hosts the annual Elektrostal City Day celebrations.

Every year, Elektrostal organizes festive events and activities to celebrate its founding, bringing together residents and visitors in a spirit of unity and joy.

Has a population of approximately 160,000 people.

Elektrostal is home to a diverse and vibrant community of around 160,000 residents, contributing to its dynamic atmosphere.

Boasts excellent education facilities.

The city is known for its well-established educational institutions, providing quality education to students of all ages.

A center for scientific research and innovation.

Elektrostal serves as an important hub for scientific research, particularly in the fields of metallurgy , materials science, and engineering.

Surrounded by picturesque lakes.

The city is blessed with numerous beautiful lakes , offering scenic views and recreational opportunities for locals and visitors alike.

Well-connected transportation system.

Elektrostal benefits from an efficient transportation network, including highways, railways, and public transportation options, ensuring convenient travel within and beyond the city.

Famous for its traditional Russian cuisine.

Food enthusiasts can indulge in authentic Russian dishes at numerous restaurants and cafes scattered throughout Elektrostal.

Home to notable architectural landmarks.

Elektrostal boasts impressive architecture, including the Church of the Transfiguration of the Lord and the Elektrostal Palace of Culture.

Offers a wide range of recreational facilities.

Residents and visitors can enjoy various recreational activities, such as sports complexes, swimming pools, and fitness centers, enhancing the overall quality of life.

Provides a high standard of healthcare.

Elektrostal is equipped with modern medical facilities, ensuring residents have access to quality healthcare services.

Home to the Elektrostal History Museum.

The Elektrostal History Museum showcases the city’s fascinating past through exhibitions and displays.

A hub for sports enthusiasts.

Elektrostal is passionate about sports, with numerous stadiums, arenas, and sports clubs offering opportunities for athletes and spectators.

Celebrates diverse cultural festivals.

Throughout the year, Elektrostal hosts a variety of cultural festivals, celebrating different ethnicities, traditions, and art forms.

Electric power played a significant role in its early development.

Elektrostal owes its name and initial growth to the establishment of electric power stations and the utilization of electricity in the industrial sector.

Boasts a thriving economy.

The city’s strong industrial base, coupled with its strategic location near Moscow, has contributed to Elektrostal’s prosperous economic status.

Houses the Elektrostal Drama Theater.

The Elektrostal Drama Theater is a cultural centerpiece, attracting theater enthusiasts from far and wide.

Popular destination for winter sports.

Elektrostal’s proximity to ski resorts and winter sport facilities makes it a favorite destination for skiing, snowboarding, and other winter activities.

Promotes environmental sustainability.

Elektrostal prioritizes environmental protection and sustainability, implementing initiatives to reduce pollution and preserve natural resources.

Home to renowned educational institutions.

Elektrostal is known for its prestigious schools and universities, offering a wide range of academic programs to students.

Committed to cultural preservation.

The city values its cultural heritage and takes active steps to preserve and promote traditional customs, crafts, and arts.

Hosts an annual International Film Festival.

The Elektrostal International Film Festival attracts filmmakers and cinema enthusiasts from around the world, showcasing a diverse range of films.

Encourages entrepreneurship and innovation.

Elektrostal supports aspiring entrepreneurs and fosters a culture of innovation, providing opportunities for startups and business development .

Offers a range of housing options.

Elektrostal provides diverse housing options, including apartments, houses, and residential complexes, catering to different lifestyles and budgets.

Home to notable sports teams.

Elektrostal is proud of its sports legacy , with several successful sports teams competing at regional and national levels.

Boasts a vibrant nightlife scene.

Residents and visitors can enjoy a lively nightlife in Elektrostal, with numerous bars, clubs, and entertainment venues.

Promotes cultural exchange and international relations.

Elektrostal actively engages in international partnerships, cultural exchanges, and diplomatic collaborations to foster global connections.

Surrounded by beautiful nature reserves.

Nearby nature reserves, such as the Barybino Forest and Luchinskoye Lake, offer opportunities for nature enthusiasts to explore and appreciate the region’s biodiversity.

Commemorates historical events.

The city pays tribute to significant historical events through memorials, monuments, and exhibitions, ensuring the preservation of collective memory.

Promotes sports and youth development.

Elektrostal invests in sports infrastructure and programs to encourage youth participation, health, and physical fitness.

Hosts annual cultural and artistic festivals.

Throughout the year, Elektrostal celebrates its cultural diversity through festivals dedicated to music, dance, art, and theater.

Provides a picturesque landscape for photography enthusiasts.

The city’s scenic beauty, architectural landmarks, and natural surroundings make it a paradise for photographers.

Connects to Moscow via a direct train line.

The convenient train connection between Elektrostal and Moscow makes commuting between the two cities effortless.

A city with a bright future.

Elektrostal continues to grow and develop, aiming to become a model city in terms of infrastructure, sustainability, and quality of life for its residents.

In conclusion, Elektrostal is a fascinating city with a rich history and a vibrant present. From its origins as a center of steel production to its modern-day status as a hub for education and industry, Elektrostal has plenty to offer both residents and visitors. With its beautiful parks, cultural attractions, and proximity to Moscow, there is no shortage of things to see and do in this dynamic city. Whether you’re interested in exploring its historical landmarks, enjoying outdoor activities, or immersing yourself in the local culture, Elektrostal has something for everyone. So, next time you find yourself in the Moscow region, don’t miss the opportunity to discover the hidden gems of Elektrostal.

Q: What is the population of Elektrostal?

A: As of the latest data, the population of Elektrostal is approximately XXXX.

Q: How far is Elektrostal from Moscow?

A: Elektrostal is located approximately XX kilometers away from Moscow.

Q: Are there any famous landmarks in Elektrostal?

A: Yes, Elektrostal is home to several notable landmarks, including XXXX and XXXX.

Q: What industries are prominent in Elektrostal?

A: Elektrostal is known for its steel production industry and is also a center for engineering and manufacturing.

Q: Are there any universities or educational institutions in Elektrostal?

A: Yes, Elektrostal is home to XXXX University and several other educational institutions.

Q: What are some popular outdoor activities in Elektrostal?

A: Elektrostal offers several outdoor activities, such as hiking, cycling, and picnicking in its beautiful parks.

Q: Is Elektrostal well-connected in terms of transportation?

A: Yes, Elektrostal has good transportation links, including trains and buses, making it easily accessible from nearby cities.

Q: Are there any annual events or festivals in Elektrostal?

A: Yes, Elektrostal hosts various events and festivals throughout the year, including XXXX and XXXX.

Elektrostal's fascinating history, vibrant culture, and promising future make it a city worth exploring. For more captivating facts about cities around the world, discover the unique characteristics that define each city . Uncover the hidden gems of Moscow Oblast through our in-depth look at Kolomna. Lastly, dive into the rich industrial heritage of Teesside, a thriving industrial center with its own story to tell.

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Elektrostal

Elektrostal Localisation : Country Russia , Oblast Moscow Oblast . Available Information : Geographical coordinates , Population, Altitude, Area, Weather and Hotel . Nearby cities and villages : Noginsk , Pavlovsky Posad and Staraya Kupavna .

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