Nevada Homestead Law

Nevada Homestead Law

Pursuant to Nevada Revised Statutes 115, homestead laws, the equity in your home is protected in Nevada up to $550,000 from general creditor claims.  These claims can include such debts as unpaid medical bills, credit card debts, business and/or personal loans and most debts.  By simply recording a declaration of homestead with the county accessor in which you reside, you can protect your home from debt collectors.  Filing the homestead will protect your principal residence up to the statutory maximum. Investors are excluded. If the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.  Homestead law protects the equity in your home. 

Homestead Form and Where to File

Perfecting a homestead and protecting your home from creditors is simple in the state of Nevada. All you need to do is to Complete the Homestead Declaration form. Make sure to print the form in black ink and print legibly or use the fillable link below to type the form and print.  If you use the form, do not let the text extend beyond the one-inch margins on all sides of the form.  You will need to sign the form in presence of a Notary Public and take the form the Clark County Recorder to have the document recorded.  You can go the Main Office located at 500 S. Grand Central Pkwy. 2nd Floor, Las Vegas or you can mail it along with appropriate fees and a return post paid envelope.   For more information, call the Recorder’s Office at 702-455-4336 or visit their website at www.clarkcountynv.gov/recorder.  Below is a copy of the form and a link to the fillable PDF. https://files.clarkcountynv.gov/clarknv/Assessor/STATISTICS/DeclarationOfHomesteadForm2010.pdf?t=1612316503275&t=1612316503275 

DECLARATION OF HOMESTEAD FOR RECORDING                                     

Assessor’s Parcel Number (APN): __________________________________________________________ or 

Assessor’s Manufactured Home ID Number: __________________________________________________________ 

Recording Requested by and Mail to:

 Name: ____________________________________________________ 

Address: __________________________________________________ 

City/State/Zip: _____________________________________________ 

Check One:    Married (filing jointly)  Married (filing individually)    Widowed    Single Person     Multiple Single Persons    Head of Family By Wife (filing jointly for benefit of both)       By Husband (filing jointly for benefit of both)     Other (describe): ________________________________________________________________________ 

Check One: 

Regular     Home         Dwelling/Manufactured Home         Condominium Unit                            Other

 Name on Title of Property: _________________________________________________________________________________________ 

do individually or severally certify and declare as follows: 

_________________________________________________________________________________________

 is/are now residing on the land, premises (or manufactured home) located in the city/town of

 ____________________________, county of ______________________________, State of Nevada, and more particularly described as follows: (set forth legal description and commonly known street address or manufactured home description) _________________________________________________________________________________________ _________________________________________________________________________________________ 

I/We claim the land and premises hereinabove described, together with the dwelling house thereon, and its appurtenances, or the described manufactured home as a Homestead. 

In witness, Whereof, I/we have hereunto set my/our hands this ______ day of ______________, 20___ ________________________________________ ________________________________________ 

Signature Print or type name here                              Print Name Here 

 ________________________________________ ________________________________________ 

Signature Print or type name here                               Print Name Here 

STATE OF NEVADA, COUNTY OF _____________________    This instrument was acknowledged before me on ____________ (date)  

By _________________________________________

        Person appearing before notary.

 _________________________________________                                                NOTARY SEAL

Person(s) appearing before notary. 

___________________________________________

Signature of notarial officer Notary Seal 

CONSULT AN ATTORNEY IF YOU DOUBT THIS FORM FITS YOUR PURPOSE. NOTE: Do not write in 1-inch margin. Revised Sept. 2019

What is not protected are debts secured by a mortgage, a deed of trust, payment of taxes, IRS lien, mechanic’s lien, child support or alimony payments and your association assessments: The statute listed below states that any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restrictions, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070 is not exempted by the homestead statute. The statute does have exclusions which include the mortgage on the property or contractual liens that exclude the homestead exemption.

  NRS 115.010  Exemption from sale on execution and from process of court; amount of exemption; exceptions; extension of exemption.

      1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $605,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 by both spouses, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1965, 281971, 5751975, 2159811977, 93314921979, 9841981, 6251983, 1046621985, 131989, 36461991, 5791995, 2251997, 34192003, 87910082005, 101022262007, 20530262017, 7812019, 290)

      NRS 115.020  Declaration of homestead: Contents; recording; notice required of person who charges fee for recording declaration; rights not extinguished by certain conveyances; rights of trustee; penalty.

      1.  The selection must be made by either spouse, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 115.025.

      2.  The declaration must state:

      (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

      (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

      (c) When made by any claimant under this section, that it is their or his or her intention to use and claim the property as a homestead.

      3.  The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

      4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

      (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

      (b) The person may record the declaration of homestead on his or her own behalf.

 The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

      5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by the trustee, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

      6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1971, 5751983, 6621985, 131995, 2262009, 452017, 782)

If you have any questions regarding the filing of a homestead, please call our office.  If you have not filed a homestead on your primary residence, I urge you to take this simple step to protect your home today.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

DEBTOR RIGHTS IN NEVADA

This blog is a brief overview of what the Fair Debt Collection Practices Act is and how it applies to consumers.  https://www.ftc.gov/news-events/media-resources/consumer-finance/debt-collection .   The ACT can be found at 15 U.S. Code § 1692. https://www.govinfo.gov/content/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap41-subchapV-sec1692e.pdf 

What Type of Bills and Debts Are Covered?

Almost all types of consumer debt is covered by the Fair Debt Collection Practices Act. This would include your personal credit cards, automobile loans, medical bills, student loans, mortgages, short term loans, and any other household debts that are owed. It is important to note that business debts are not covered by the Fair Debt Collection Practices Act. Only personal debts.

Times and Place That Debt Collectors Can Contact Consumers

A debt collector cannot call you at any time they want or at any place they want. They are not permitted to contact you at inconvenient times or places. In fact, they are not permitted to call before 8 AM or after 9 PM.  Therefore, if you receive calls from debt collectors outside of those times, they are violating the Fair Debt Collection Practices Act. Also, it is very important to note that they are not allowed to contact you at work if you advise them not to call you at your place of work. So, if you are at work and you receive a call from a debt collector, you need to immediately tell them that they are calling you at your work and that it is not permitted.   Advise them not to contact you again at work and document the call. Take a screen shot of the call log and if they call you again do the same.

Ways to Stop Debt Collectors from Contacting You

It is important to note that the collectors can still use the courts and file a civil lawsuit against you if the debt is not too old and the debt is owed.  However, they must not contact you to try to collect a debt in inappropriate ways. If you want them to stop calling you, send them a letter. It is best to have proof the letter was sent either by fax or certified mail with a return receipt. When a debt collector receives a letter from a consumer, they must stop contacting you by phone. They can still file a civil lawsuit, but they cannot continue to call and harass you after they receive the notice. Also, if you are represented by an attorney and you advise the debt collector that you have hired an attorney regarding the debt, the debt collector must only communicate with your attorney from that point forward. Many debt collectors ignore this as has been the experience of our office. If you do not believe that you owe the debt, send them a letter immediately advising that you dispute the debt that they are claiming that you owe. If you are not sure of the debt for which they are calling, they must give you the information regarding the origination of the debt. Be very careful to never share any personal or financial information with the debt collector because they often engage in illicit practices.

Debt Collectors Cannot Contact Third Parties About Your Debt

Debt collectors are prohibited by that Fair Debt Collection Practices Act from discussing your debt with anyone else except you, your spouse or your attorney if you are represented. They are permitted to contact people you know to obtain your address or phone number, but they cannot discuss the debt with those people.

The Debt Collector Must Be Truthful and Give You Information About the Debt

The law requires the debt collector must send you a validation notice within five days of their first contact with you. The notice is required to state the amount of the debt that is owed, the name of the creditor who is owed the money, and instructions for you to refute the debt if you do not believe that you owe that particular debt.

You Believe You Do Not Owe the Debt

Debt collection agencies are hired by creditors to obtain money that is believed to be owed.  The debt collector receives a small percentage of the amount they recover. Debt collectors generally have very little information about the validity of the actual debt itself. If you do not believe that you owe the debt, send the debt collector a letter.  It is important to make sure you have proof that it was sent either by fax or by certified mail.   Advise the debt collector that you do not owe the debt and to stop contacting you.

Debt Collectors Are Prohibited from Engaging in Certain Conduct

Debt collectors will use all sorts of illicit tactics to attempt to get people to pay money even if they do not owe the debt. There are specific things that they are not permitted to do by the statute, but often continue to engage in. The following is a short list of specific practices that debt collectors are not allowed to do when trying to collect money that is owed:

1. They are not allowed to use any obscene or profane language when speaking to you;

2. They are not allowed to threaten you or your family with violence or harm in anyway;

3. They are prohibited from repeatedly calling you to annoy you;

4. They cannot lie about the amount of the debt that you owe;

5. They are prohibited from claiming that they are attorneys or government representatives. We see this frequently in our practice. A debt collection agency will send a letter and use a law firm name at the top. When we contact the alleged law firm, they have no record of the debt or the attempted collection;

6. They cannot claim or make false assertions that you would be arrested, or some other legal action taken against you that is not allowed in order to attempt to coerce you to pay the debt;

7. They are also prohibited from attempting to collect interest fees or charges on top of the amount owed unless whatever contract the debt stems from allowed for such costs;

8. They are prohibited from asking you to send a post-dated check meaning a check that is dated at some time in the future for them to deposit to collect the debt;

9. They are prohibited from threatening you that they will take your property unless it can actually be legally done, which would be very unusual. The debt would have to be larger than the value of the property and they would have to obtain a legal judgment in a court through a lawsuit filed against you and then they would have to file a separate lien action.  At that time, they would have to actually try to foreclose on a lien on a piece of real property which is not always permitted by the court.  This is why you should file a homestead on your home. https://www.leg.state.nv.us/Division/Research/Publications/Factsheets/HomesteadExemption.pdf

If debt collectors are harassing you or trying to collect more than one debt, you may choose which debt you would like to make a payment regarding.   A debt collector is prohibited from applying a payment to any debt that you dispute. If you do receive a lawsuit from a debt collection agency it is very important that you respond or have an attorney respond. If you fail to make any response to an actual lawsuit that is served on you by Process Server, they could get a default judgment against you and execute that judgment meaning collect that judgment on your property including bank accounts or your job through a garnishment of your wages. If you receive any type of lawsuit on a debt, it is important to contact an attorney or the legal aid society to get help and respond to the lawsuit.  https://www.lacsn.org/ 

Statutes of limitations On Collecting Debts

In Nevada, most debts are subject to the six-year statute of limitations meaning that if the debt was contracted more than six years ago the statute of limitations has run and they can no longer collect this money against you. This is referred to as “time barred” in the law. We have seen in our practice at TheOneLawyer.com, debt collectors attempt to collect debts that are older than six years against clients. Every state has a different statute of limitations but in Nevada it is six years. Before you pay any debt that is alleged to be owed make sure you find out where the debt originates and on what date they alleged that the debt was incurred. If it is more than six years from the present date, they are time barred from collecting that debt and they will no longer be permitted to file a lawsuit on that debt. If the debt is time-barred, immediately send the creditor a letter and advise them that it is time barred and that you are not paying the debt. 

Remedies for illegal debt collection

If a debt collector has used any of these illegal processes to attempt to collect a debt from you, you should contact the appropriate agency to report their actions. You have options. You can report their contact to your state Attorney General’s office to take action. You can also report their actions to the Federal Trade Commission https://www.ftc.gov/  or the Consumer Financial Protection Bureau. https://www.consumerfinance.gov/  In addition, some states have their own debt collection laws.  Nevada’s law follows the Fair Debt Collection Practices Act closely. Unfortunately, the remedy under the act is not as strong as it needs to be to prevent abuse. This is likely why many debt collectors ignore the law.   The penalty is too small. You can sue a debt collector in state or federal court within one year of the date that they violated the act. However, damages are limited to $1000 for reimbursement for attorney’s fees and court costs. It is permissible to bring a class action lawsuit for a violation of the Fair Debt Collection Practices Act. However, damages for such a suit are also limited under the act for which I highly disagree. Damages for violating the act in a class action suit are limited to $500,000 or 1% of the debt collectors net worth, whichever is lower. It is perplexing that Congress chose to put in such a low deterrent for violation of this important federal statute. However, with such a low recovery potential, it is difficult to find an attorney to incur the costs of a class action to go after debt collectors for their illegal practices.  This is likely why you may find yourself in a situation where debt collectors are in fact, violating the statute.

If you are in a situation where they are contacting you, be sure to put in writing that you either do not owe the debt or you wish to make some payment arrangement in order to have them stop calling you and try to resolve the debt as best you can. If you have any questions regarding any debt that you may be getting calls on and you have a question about their debt collection practices,  please do not hesitate to call us here at the TheOneLawyer.com for answers to your questions.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful debts, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

HOSPITALS REFUSING TO BILL INSURANCE AFTER A CAR ACCIDENT

You may have recently seen in the news articles regarding hospitals profiting from victims of car accidents. It has been a long-standing silent practice.  Some hospitals around the country, including here in Nevada, have refused to bill the patient’s aka the victim’s health insurance when they have been involved in a car accident. They do this because they want to receive a higher rate through the persons auto insurance or settlement to the detriment of the injured person. They do this by refusing to bill the victim’s health insurance and then billing the patient directly.  They have even put liens on their personal property and/or their settlement. This is against Nevada Law. In fact, Nevada statutes are quite clear on this issue.   Nevada law clearly states that when a person receives hospital care, the hospital cannot collect on any amount that the hospital is owed from any party involved until the hospital bill has been submitted to the injured person’s health insurance. That law is codified in Nevada revised statute 449.757 and is stated below in its entirety:

NRS 449.757  Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees.

1.  When a person receives hospital care, the hospital must not proceed with any efforts to collect on any amount owed to the hospital for the hospital care from the responsible party, other than for any copayment or deductible, if the responsible party has health insurance or may be eligible for Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill, until the hospital has submitted a bill to the health insurance company or public program and the health insurance company or public program has made a determination concerning payment of the claim.

2.  Collection efforts may begin, and interest may begin to accrue on any amount owed to the hospital for hospital care which remains unpaid by the responsible party not sooner than 30 days after the responsible party is sent a bill by mail stating the amount that he or she is responsible to pay which has been established after receiving a determination concerning payment of the claim by any insurer or public program and after applying any discounts. Interest must accrue at a rate which does not exceed 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 on which the payment becomes due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the payment is satisfied.

3.  Except for the interest authorized pursuant to subsection 2 and any court costs and attorney’s fees awarded by a court, no other fees may be charged concerning the amount that remains unpaid, including, without limitation, collection fees, other attorney’s fees or any other fees or costs.

      (Added to NRS by 2007, 1497; A 2011, 1525)

This practice is often used against some of the most vulnerable patients. The statute does not differentiate between private health insurance, Medicaid or Medicare.  However, because the reimbursement rates are lower for hospitals through state and government programs of insurance, (which hospitals have contracted for based on the volume of patients they received as the trade-off) these are often times the patients that hospitals refuse to bill their insurance. Some Hospitals engage in this practice intentionally to receive higher payments than what they are legally contracted to receive from Medicare or Medicaid. At the Law Offices of TheOneLawyer.com, we immediately notify hospitals to bill our client’s health insurance and provide their health insurance information as soon as possible so that this does not occur to the detriment of our clients. At the Law Offices of the TheOneLawyer.com, we protect our clients from the very beginning of the case through to the end to make sure that they get the full compensation that they are entitled to receive.

There is also a separate statute that is very clear and outlines that insurance companies must accept the contracted rate from the insurance company that they are contracted with under the persons healthcare policy. In instances where insurance companies have refused to bill the health insurance policy from the start, we have been successful in making them only accept what they would’ve been paid under the contract and taking a reduction from there. In a separate blog we will talk about subrogation. That is where a health insurance company can get paid back from proceeds from your automobile insurance settlement. However, they are only entitled to recover the amount that was paid and not the full amount of the bill. Hospitals will try to recover their full billing, which as most people know, is grossly inflated rather than the contracted rates they have with insurance companies. If you’ve been in a car accident, call our office immediately to make sure that you get the full compensation that you deserve and are entitled to and do not get taken advantage of by a hospital.

NRS 449.758  Limitations on efforts of hospital to collect when hospital has contractual agreement with third party that provides health coverage for care provided; exception.

1.  Except as otherwise provided in subsection 2, if a hospital provides hospital care to a person who has a policy of health insurance issued by a third party that provides health coverage for care provided at that hospital and the hospital has a contractual agreement with the third party, the hospital shall proceed with any efforts to collect on any amount owed to the hospital for the hospital care in accordance with the provisions of NRS 449.757 and shall not collect or attempt to collect that amount from:

(a) Any proceeds or potential proceeds of a civil action brought by or on behalf of the patient, including, without limitation, any amount awarded for medical expenses; or

(b) An insurer other than a health insurer, including, without limitation, an insurer that provides coverage under a policy of casualty or property insurance.

      2.  This section does not apply to:

(a) Amounts owed to the hospital under the policy of health insurance that are not collectible; or

(b) Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.

3.  This section does not limit any rights of a patient to contest an attempt to collect an amount owed to a hospital, including, without limitation, contesting a lien obtained by a hospital.

       4.  As used in this section, “third party” has the meaning ascribed to it in NRS 439B.260.

       (Added to NRS by 2011, 1524)

THE HOSPTIALS ARE BOUND BY THE FAIR DEBT COLLECTION PRACTICES ACT

      NRS 449.759  Manner of collection.  A hospital, or any person acting on its behalf who seeks to collect a debt from a responsible party for any amount owed to the hospital for hospital care must collect the debt in a professional, fair and lawful manner. When collecting such a debt, the hospital or other person acting on its behalf must act in accordance with sections 803 to 812, inclusive, of the federal Fair Debt Collection Practices Act, as amended, 15 U.S.C. §§ 1692a to 1692j, inclusive, even if the hospital or person acting on its behalf is not otherwise subject to the provisions of that Act.

       (Added to NRS by 2007, 1498)

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

WHAT IS A FIVE-DAY NOTICE OF UNLAWFUL DETAINER?

This is a Notice used for a Tenant-at -Will, meaning a tenant without a lease.  In the state of Nevada, a landlord is required to serve a tenant with a “Five Day Notice of Unlawful Detainer” to advise the tenant that their tenancy-at-will is ending. This notice instructs the tenant to leave the property. This notice is always preceded by a five-day notice that the tenancy at Will is ending. The unlawful detainer notice is the second noticed that a tenant will receive when the evection proceedings begin for a tenant at will.

What is a Tenant-at-Will?

Under the law, “tenancy-at-will” is the type of tenancy that exists when the tenant (known as a tenant- at-will) is residing on the premises with the consent of the landlord (either express or implied) for an indefinite period of time where no lease for that tenant is in place. The tenancy can be terminated by either party at it anytime. (See the case of Baker versus Simonds, 79 Nev. 434, 386 P 2d. 86, 1963 (also See 49 Am. Jur. 2d. Landlord Tenant section 118)

An example of a tenancy-at-will most commonly occurs where a landlord allows the tenant to stay on the property without a lease, the tenant is the guest on the property with the owner’s permission. The tenant is allowed to leave at any time and the owner can also have the guest leave at any time. Tenancy at will means that either the landlord or the tenant can terminate the tenancy at their discretion for any reason. No cause needs to be given to end the tenancy when the tenancy is at will. That is because there is no contract between the landlord and the tenant with which is commonly a lease agreement.  

In an action for unlawful detainer or ejectment from the property, there is no landlord tenant relationship and no lease in place.   In an unlawful detainer action, the person is being asked to leave the property because they have no lease agreement in place or because they are a squatter on the property. This often happens when premises are leased to a tenant and the tenant leaves and allows a family member or someone else to stay on the property to pay rent. That person has no legal rights and can be removed at any time at the landlord’s discretion.

When a five-day notice of unlawful detainer is served that gives the person residing on the premises notice that they must leave in five days. In Nevada, for a five-day notice (because the Courts are only open four days a week) it usually gives the tenant 8-10 days to vacate the premises.  This is because the only days that are counted are days the Court is open.  Therefore, the five days means five court days — meaning that Fridays are not counted, and neither are weekends or legal holiday. The notice runs from the day after it is served on the tenant to the end of the fifth legal day. 

To illustrate the calculation of the time, is a Tenant is served a Five-Day Notice of Unlawful Detainer on a Monday, 

Monday – the day of service is not counted.
Tuesday – is counted as day # 1.
Wednesday – is counted as day # 2.
Thursday – is counted as day # 3.
Friday – is counted as day # 4.
Saturday – weekend days are not counted.
Sunday – weekend days are not counted.
Next Monday – is counted as day # 5 and the Tenant has until the close of court to respond. .
Next Tuesday – is counted as day # 6 and that is the first day of expiration and Summary eviction can then be filed.

The following is the Nevada Form used for Unlawful Detainer. This form must be served by a licensed process server, attorney or constable.  (Note: attorneys rarely engage in serving notices and generally retain a licensed process server).

FIVE-DAY NOTICE OF UNLAWFUL DETAINER

(NRS 40.254)

TO:                                                                                                                                     FROM:

Tenant(s) Name(s) Landlord’s Name

Address         Address

City, State, Zip Code        City, State, Zip Code

DATE OF SERVICE: __________________ Telephone Number

YOU ARE GUILTY OF AN UNLAWFUL DETAINER.

YOU ARE REQUIRED TO QUIT THE PREMISES.

YOU MAY CONTEST THIS NOTICE by filing an Affidavit (or Answer) before the court’s close of business on the fifth (5th) full judicial day 1 following the Date of Service of this notice, with the Justice Court for the Township of (insert name of township where property is located), stating that you are not guilty of an unlawful detainer. The Justice Court is located at (insert Justice Court’s address):

__________________________

YOU CAN OBTAIN AN AFFIDAVIT/ANSWER FORM AND INFORMATION at the Civil Law Self-Help Center, located at the Regional Justice Center in downtown Las Vegas, or on its website, www.civillawselfhelpcenter.org.

If the court determines that you are guilty of an unlawful detainer, the court may issue a summary order for your removal or an order providing for your non-admittance, directing the sheriff or constable to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall then

remove you not earlier than 24 hours but not later than 36 hours after the posting of the order. You may request that the court stay the execution of the order for removal or non-admittance for a period of no more than 10 days by stating the reasons why a stay is warranted.

Pursuant to NRS 118A.390, you may seek relief if a landlord unlawfully removes you from the premises, or excludes you by blocking or attempting to block your entry upon the premises, or willfully interrupts or causes or permits the interruption of an

essential service required by the rental agreement or chapter 118A of the Nevada Revised Statutes.

DECLARATION OF SERVICE

On (insert date of service) _____________________________, I served this notice in the following manner (check only one):

c By delivering a copy to the tenant(s) personally.

c Because the tenant(s) was absent from tenant’s place of residence, by leaving a copy with (insert name or physical description

of person served) ____________________________________________, a person of suitable age and discretion, AND

mailing a copy to the tenant(s) at tenant’s place of residence.

c Because neither tenant nor a person of suitable age or discretion could be found there, by posting a copy in a

conspicuous place on the property AND mailing a copy to the tenant(s) at the place where the property is situated.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

_______________ _________________________ _______________________ ________

(Date)                           (Server’s Name)                                           (Server’s Badge/License #) 2 (Server’s Signature)

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE TO QUIT OR PAY RENT?

In the state of Nevada every eviction by landlord against the tenant begins with some type of notice. There are several types of notices that are used, and they can be found at https://www.civillawselfhelpcenter.org/forms/eviction-housing-forms. This blog is one of a series of blogs that describes each notice, why it is used, and what ramifications follow when the notice is presented. Each eviction situation is different and various notices apply to specific separate situations. There are different notices for manufactured homes and non-manufactured homes. The average cost of the process for landlord to evict a tenant, not including attorney’s fees, is usually around $200 from start to finish depending on each specific situation. Evictions can vary in time greatly and can take anywhere from 10 days all the way up to 180 days which are dependent on the specific circumstance of each specific case. Interestingly, Nevada Revised Statute 118A.390 makes it illegal for a landlord to independently –by himself — carry out the entire addiction. A landlord cannot lock out a tenant without the involvement of the court, the sheriff, or the constable. In addition, a landlord cannot try to force the tenant from the property by making the conditions uninhabitable by doing things like turning off power or water to the property. This blog will specifically address the five day notice to quit or pay rent and discuss when and why it is used.


Specifically, a “Five day notice to quit or pay rent” can be served on the tenants on the first day that the tenants rent becomes delinquent under the lease– setting aside in a grace period. This notice advises the tenant they have five days to pay the rent that is delinquent or vacate the property. If they do not vacate the property, the notice will be followed by the posting of a five-day notice of unlawful detainer meaning that the tenant is now in unlawful possession of the property and must vacate the property.  Most evictions for non-payment of rent in Clark County start with the serving of the Five day notice to quit or pay rent and are then followed by the five-day notice of unlawful detainer.  The five-day notice of unlawful detainer is the last step to precede the filing of a summary eviction. Once a notice of unlawful detainer notice is given, the tenant occupancy of the premises has been deemed unlawful. In almost every case, the notice of unlawful detainer will follow other notices that had been given and expired.

If you are a tenant and unable to pay rent, and you are served with a five day notice to quit or pay rent that form., As indicated by the form above is your landlord’s admonition that you will be removed from the premises if you do not pay the rent owed within five days. Five days is calculated by days Monday through Thursday not counting the date that the notice was served. Fridays Saturdays and Sundays and legal holidays are not calculated within the five days. If the five days lapses and the tenant has not paid rent, the landlord will serve a five day notice unlawful detainer. If the tenant does not leave the property at the expiration of the five-day notice of unlawful detainer, the landlord can submit a summary motion and submit lock out instructions to the constable. The constable will then take the courts order granting eviction and change the locks on the premises. The following is the form Five day notice to quit or pay rent used in Nevada for non-payment of rent.

FIVE DAY NOTICE TO QUIT OR PAY RENT (form)

TO: FROM: 

Tenant(s) Name(s): Landlord’s Name 

Address 

City, State Zip Code City State Zip Code 

Date of Service: Manner of Service: [ ] Personal 

[ ] Substituted/Mailing 

[ ] Posting/Mailing 

PLEASE TAKE NOTICE that you are in default in payment of rent for the above described premises in the sum of $__________________________________ for the period commencing from to ___________________. Rental payment(s) became delinquent on . 

Your failure to pay rent, leave the premises, or contest this Notice within five (5) judicial days1 may result in the landlord applying to the Justice of the Peace of the Township for an Eviction Order. 

1 Judicial days do not include the date of service, weekends, or certain legal holidays. 

If the Justice of the Peace determines that you are guilty of an unlawful detainer, the Justice of the Peace may thereupon issue a summary order to remove you from, or provide for your non-admittance to, the above described premises that directs the constable or sheriff of this county to remove you within 24 hours after receipt of the order. 

The tenant is hereby advised of his right to contest this Notice by filing, with the Justice of the Peace of the Township, an Affidavit stating that he is not in default in the payment of rent. 

The tenant may also file an Affidavit requesting relief from the above referenced Justice of the Peace, pursuant to Nevada Revised Statute (NRS) 118A.390, if the landlord has unlawfully removed the tenant from the premises or has excluded the tenant by blocking, or attempting to block, the tenant’s entry upon the premises; or if the landlord willfully interrupts or FIVE-DAY NOTICE TO PAY RENT OR QUIT causes or permits the interruption of an essential service required by a the governing rental agreement or chapter 118A of NRS. 

The Justice of the Peace is located at ____________________________ ___________________________________. The Affidavit must be filed with the Court no later than noon on the fifth full judicial day following the date of service. The Affidavit may be accessed at the Nevada Supreme Court Self-Help Center at its website at http://www.nevadajudiciary.us/ 

DECLARATION OF SERVICE 

On __________________, I served this Notice in the following manner (select one): 

[ ] By delivering a copy to the tenant(s) personally, in the presence of a witness (the server, witness, and tenant must all sign a copy of the notice); 

(date) (type or print witness’ name) (witness’ signature) 

Tenant’s Signature OR 

[ ] Because the tenant(s) were absent from their place of residence or from their usual place of business, by leaving a copy with __________________________, a person of suitable age and discretion, at either place and mailing a copy to the tenant(s) at their place of residence or place of business; OR 

[ ] Because the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there, by posting a copy in a conspicuous place on the property, delivering a copy to a person there residing, if the person could be found, and mailing a copy to the tenant(s) at the place where the property is situated. 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. 

(date) (type or print server’s name) (server’s signature)

 At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and property owners.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

What Is A Thirty Day “No Cause” To Quit

Thirty Day “No Cause” To Quit

The law in the state of Nevada requires a landlord to give a tenant a certain amount of time to vacate the property for an eviction when the lease is expired, and the landlord wants his legal property vacated. In fact, under the Nevada Revised to statutes, a 30-day notice is required to be provided to the tenant who is a monthly tenant (or a seven-day notice if the tenant pays rent weekly) in order to begin the eviction process of a tenant who does not have a lease any longer. 

A “No-Cause” termination notice to vacate can only be used when a tenant is not bound by a lease. The 30-day notice is followed by a five-day notice of unlawful detainer.  If the tenant has not vacated the property at that time, a summary eviction will be filed along with lockout instructions to that constable.   The 30 days excludes the date that the notice was served.   The 30-day notice counts all calendar days 30 days following the date served. Notices under 30 days do not count weekends, legal holidays, or Fridays for purposes of calculating the number of days. 

The Thirty Day “No Cause” To Quit notice must be followed by a five-day notice that informs the tenant that they are required to leave because the presence is no longer lawful.  The five-day notice is called a “Five-Day Notice of Unlawful Detainer” and if this notice is served after the 30 days expires by a licensed Process Server, the constable will lock the tenant off the property at the expiration of the five days.  

Service of The Notice on The Tenant

In order to evict a tenant without cause, who is not under a lease, a person vested with legal authority must serve the tenant with the following two documents at two separate times as follows:

1. The landlord must serve Thirty Day “No Cause” To Quit if the tenant pays rent by the month and can serve a Seven Day “No Cause” To Quit if the tenant is a weekly renter pursuant to NRS 40.251(1)(b)(1); and following the expiration of the 30 day the landlord must serve the same tenant with a;

2. A Five-Day Notice to Quit for Unlawful Detainer pursuant to NRS 40.254.

It is important to point out that each of these notices is required to be “served “on the tenet by a sheriff, licensed Process Server, constable, or agent of an attorney licensed in Nevada in order for service to be considered valid. In other words, a landlord cannot serve this notice him or herself pursue it to NRS 40.280(1)

These notices are required to conform to the statute very carefully and are almost always the forms provided by the courts. These forms can be located at the civil law self-help center and can be downloaded from https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions

All of these notices must be very specific and filled out accurately.  They can be typed or written in legible handwriting. These forms cannot be altered in anyway. If you would like additional information, go to https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions.

Requirements of The Notice

The Thirty Day “No Cause” To Quit and Seven Day “No Cause” To Quit notices must contain very specific information and follow very specific guidelines. The notice must state the date the landlord expects the tenant to move which must be at least 30 days after the notice was served not counting the date of service. See NRS 40.251(1)(b)(1)(II) or at least seven days after a seven-day notice is served for a weekly tenant.

If the tenant is a monthly tenant who is 60 years or older and has a mental disability or physical disability, that tenant is provided means by law to request to remain on the rental property for an additional 30 days. Such requests must be in writing to the landlord and provide proof of age or disability. See you Nevada revise statute 40.251(2).  These rules are codified in the statute below:

NRS 40.251  Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.

1.  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

             (1) For tenancies from week to week, at least 7 days;

             (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

             (3) For tenancies at will, at least 5 days.

      (b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

(1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:

                   (I) At least 7 days for tenancies from week to week; and

                   (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

             (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.

(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:

(1) After notice has been given pursuant to NRS 118B.115118B.170 or 118B.190 and the period of the notice has expired; or

(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

2.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.

4.  Except as otherwise provided in NRS 118A.315, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.

5.  Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsections 2, 3 and 4.

6.  If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

      (Added to NRS by 1985, 226; A 1989, 10811999, 31952001, 19462003, 24802019, 3177)

Governors Declaration of Emergency Directive 0306 Regarding the Pandemic

Governor Steve Sisolak recently issued another declaration which is in titled Governors Declaration of Emergency Directive 0306. It states that Nevada has instituted another eviction moratorium through March 31, 2021. Under Emergency Directive 036 most evictions are still allowed to proceed in Nevada at least as of the writing of this blog. The Directive extends to the moratorium on eviction ‘s for nonpayment of rent and no cause of actions where the tenant claims and can prove that they are unable to pay rent due to a loss of income from the pandemic. In order to fall under the protections of the moratorium, the onus is upon the tenant to submit the required declaration to the landlord to fall with under the new moratorium protections. In the declaration, the tenant must state that they are a “covered person” under the new moratorium. Under the directive the tenant must declare the following facts to be true and sign under penalty of perjury and in order to be protected by the moratorium:

1. The tenant must declare they are unable to pay the full rent because of the medical expenses they have incurred, or for loss of income or work that is directly related to the COVID-19 pandemic.

2. The tenant must further declare that they are likely to be homeless if they become evicted and have no family members or anyone that they can reside within the event of eviction.

3. Tenant must also declare that they earn less than $99,000 per year or 198,000 if they filed a joint tax return and received a stimulus check.

A tenant that is covered by the moratorium must invoke the protections of the moratorium themselves by filling this declaration ration under penalty of perjury.  

The Federal Government Also Extended the CDC Moratorium

Like the state of Nevada, the federal government also extended the CDC moratorium on eviction but only until January 31 and also requires the same CDC declaration. Under the federal moratorium the individual must also declare that they have use their best efforts to obtain available government assistance for rent and must make the same assertions regarding income and stimulus check and must further state that they are unable to pay the rent in full because of a substantial loss of income or hours or layoff due to the pandemic.

It is important to note that rent is only deferred under the moratorium and must be paid in full be the tenant in the future and a judgment can be later obtained against the tenant and executed against them.  The moratorium is not a waiver of paying rent forever, only a deferment that must be paid in the future by the tenant.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and landlords in need of counsel.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

What Is A 7-Day Notice To Pay Rent Or Quit

7-DAY NOTICE TO PAY OR QUIT:

In Nevada, the Nevada Revised Statutes require a landlord serve a seven-day notice to the tenant prior to any eviction proceedings. The notice instructs the tenant to either pay the rent or “quit” (which means leave) the rental property.  In order for a landlord to evict a tenant for nonpayment of rent, the landlord must “serve” (meaning provide a copy to the tenant) a Seven-Day Notice to Pay Rent or Quit on the tenant.(see NRS 40.512.) It is worth noting that under Nevada law, (as of July 2019) This notice must be posted by a licensed process server, constable, or attorney only. Landlords are not allowed to post these notices themselves. Specifically, the law states as follows:

NRS 40.2512  Unlawful detainer: Possession after default in payment of rent; exception.

1.  Except as otherwise provided in subsection 2, a tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of:

      (a) Five days for a commercial premises;

      (b) Seven judicial days for real property other than a commercial premises; or

      (c) Ten days for a mobile home lot,

 after service thereof. The notice may be served at any time after the rent becomes due.

      2.  Except as otherwise provided in NRS 118A.315, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

      (Added to NRS by 1985, 226; A 2019, 317839122020, 32nd Special Session, 5)

It is important to note that after service of the 7-day notice to pay rent or quit, a landlord cannot refuse to accept rent from the tenant.  Rent includes late fees.  However, a summary eviction cannot be ordered for fees such as court costs, collection fees, attorney fees, and the like.  (NRS 118A.150, NRS 188A.220(1)c.)  The statute also allows a shorter notice of five days for commercial tenants.  

Basic Purpose of a 7 Day Pay or Quit Eviction Notice

To put it simply, a landlord can serve this notice on a tenant who is not paying their rent on time. In fact, this notice can be posted as soon as the next day after payment is actually due or the following day after grace period allowed in the lease agreement.  This is the most common notice used to start the eviction process in Las Vegas, Henderson, North Las Vegas and the surrounding areas of Clark County.  It is the beginning of the process to legally remove tenants from a property. 

It is very important to note for every landlord that this notice is instructing the tenant to pay rent. Therefore, if the tenant receives the seven day notice to quit or pay rent and offers to make full payment of the rent, the landlord is legally required to except the rent and can no longer go forward with the evection process under this notice. A partial payment will not satisfy this requirement. Payment must be made in full by the tenant in order to stop the eviction process or the landlord can proceed with the additional steps required for eviction.

Often, Landlords will serve a thirty-day notice of unlawful detainer at the same time as the seven day notice to quit.  Look for our Blog next week to learn about the 30-day notice.  At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients and landlords in need of counsel.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Current Nevada Car Seat Requirements

As of 2021, Nevada car seat law requires that the driver secure any child in a car seat when the child is under 60 pounds and under the age of six years old. In Nevada, children must have a car seat that is appropriate for their size. In addition, the car seat must be properly secured to the vehicle and installed properly. If you have any questions or concerns about whether your car seat is properly installed, any fire station in Las Vegas or Henderson will help you make sure the car seat is properly installed if you stop by. Once a child reaches the age of six years old or weighs 60 pounds, this rule no longer applies. The Silver State imposes penalties of a fine or community service for the first-time violation of non-use of a car seat against the driver. If you receive such a citation, you also have the option to undergo training and inspection of the car seat being installed to waive or reduce the amount of the penalty.

The use of car seats has saved countless children over the recent decades. The rate of motor vehicle crash deaths per million children younger than 13 is less than a quarter of it what it was in 1975. In fact, the rate at which children are killed as passengers in motor vehicle accident has decreased 60% since 1975.  Additionally, the rate at which children are killed as pedestrians and bicyclists is less than 1/10 of the 1975 rates. Our children are much safer now than when their parents were children. The use of seatbelts, car seats, airbags, bicycle helmets, and driver awareness has greatly protected our children over the past several decades. It is important to continue to bring these numbers down and to use all possible safety systems to protect our children from serious and even fatal injuries and accidents. Although it is governed by law, it is our most sacred duty to protect the children in our community. The use of proper restraints can save our children. In 2018, 193 children that were unrestrained or improperly restrained were killed in car accidents. Therefore, it is important that child safety restraints are properly installed and used at all times when children are riding as passengers. There should never be a moment where we are “just going to the store”, or “just running down the street”, where they are not used.     https://www.iihs.org/topics/child-safety  

The Difference Between A Booster Seat and A Car Seat

We have all seen the full car seat where the child has a five-point harness and then the smaller booster seat where it is really just like a child almost sitting on a stack of books. Although it is not required, the Nevada Department of Motor Vehicles still recommends the use of a booster seat until a child is at least eight years old or 80 pounds.  A standard seatbelt fits properly once the child reached 80 pounds and they will be protected while in the vehicle with a seat belt at that time. Small children are not secured properly with the use of only a seatbelt due to their size.  Some smaller children may require a booster seat up until the age of 12. Protecting our children is our most important and sacred duty as adults and it is important that we provide them every opportunity to remain safe in the event of an automobile collision.

Taxi Cabs in Las Vegas

Surprisingly, a car seat is not required to ride in a taxi cabs in Las Vegas. Nevada revise statute 484B. (7)(a) says that Nevada’s seatbelt laws do not apply to top public transportation. Such public transportation includes taxis, Ubers, Lyfts and buses. Therefore, it is a better idea not to use public transportation unless necessary with a child, or to bring a booster seat for your child’s safety even though it is not required by the law.

When Can Children Legally Ride in the Front Seat

In Nevada there is no law on the books that prevents a child from being in the front seat of a vehicle at any particular age. However, the Nevada Department of Motor Vehicles suggests that children should ride in the backseat until they are 12 years of age. They refer to the use of car seats and booster seats which are more safely used in the backseat of the vehicle.  But, under Nevada law, the driver can determine when it is safe for a child to sit in the front seat. Car seat laws still apply in that a child that if the child is six years of age or below or under 60 pounds, he or she needs to be in a car seat whether in the front or in the back.

Penalties for Non-Use of Car Seats.

In Nevada fines can range from $100 to up to $1000 for the driver’s failure to secure a child into a car seat. The first offense for failure to use a car seat is a fine of $100-$500 or 10 to 50 hours of community service. If it is a second offense the penalty can be from $500 to $1000. For first offenders of failure to use a car seat, a driver has the chance to complete a class regarding child seat education and safety and have their car seat inspected. If they bring such documentation of completion of the class and car seat inspection to the court, they can have the fine reduced. However, if you should be negligent enough to have a third offense of getting pulled over by a police officer and failing to have your child or a child in your vehicle secured in a car seat who is six years of age and below or 60 pounds or less, you could have your driver’s license suspended from 30 to 180 days. Protecting our children is a serious matter that should be taken seriously by all drivers and all those charged with the care of children. It is always a very difficult case for us to see children that have been injured. Their best chance at preventing catastrophic and even fatal injuries is to be well protected in a car seat. At TheOnelawyer.com, we have handled many accidents involving children over the years. Children that have been secured in the proper child restraint seat have generally suffered little to no injury in accidents where other passengers have sustained more serious injuries. We urge you to protect your children and use proper booster and car seats for all children who ride in your vehicle.

Limited Exemptions

Nevada car seat laws do provide some exemptions to the requirement.  This generally applies to children in wheelchairs who have a different form of restraint in the vehicle for the wheel char.  A child may be exempted from the requirement if use of a car seat creates danger to child.  However, to fall under this exemption, the driver must carry a signed statement from a doctor stating the child is exempt at all times to present to the officer. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

SEAT BELTS ARE REQUIRED TO BE WORN IN NEVADA

In the state of Nevada, the law requires that passengers in both the front seat and the rear seats of passenger vehicles wear a safety belt or, if under a certain age, be in a child restraint seat.  (NRS 484D .495). Any police Officer or emergency responder will tell you that seatbelts save lives and they have responded to scenes where, tragically, life has been lost for failing to wear a seatbelt. In the event of an automobile accident or a sudden breaking, the car can come to a sudden stop.  However, your body will keep moving in the vehicle until you are stopped by either something inside the vehicle or possibly even going through the windshield. Seatbelts prevent the movement of your body from out of the seat in the event of an auto accident. The following is the specific Nevada law that requires all occupants of motor vehicles to be in a seatbelt while they are riding in the vehicle.    NRS 484D.495 states as follows: 

   NRS 484D.495  Safety belts and shoulder harness assembly; requirements for driver, child and other passenger; penalties; exemptions. [Effective until the date the Federal Government rescinds the requirement for the installation of automatic restraints in new private passenger motor vehicles, if that action is based upon the enactment or continued operation of certain amendatory and transitory provisions contained in chapter 480, Statutes of Nevada 1987.]

      1.  It is unlawful to drive a passenger car manufactured after:

      (a) January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seating positions.

      (b) January 1, 1970, on a highway unless it is equipped with a lap-type safety belt assembly for each permanent seating position for passengers. This requirement does not apply to the rear seats of vehicles operated by a police department or sheriff’s office.

      (c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.

      2.  Any person driving, and any passenger who:

      (a) Is 6 years of age or older; or

      (b) Weighs more than 60 pounds, regardless of age,

 who rides in the front or back seat of any vehicle described in subsection 1, having an unladen weight of less than 10,000 pounds, on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the person or passenger.

      3.  A citation must be issued to any driver or to any adult passenger who fails to wear a safety belt as required by subsection 2. If the passenger is a child who:

      (a) Is 6 years of age or older but less than 18 years of age, regardless of weight; or

      (b) Is less than 6 years of age but who weighs more than 60 pounds,

 a citation must be issued to the driver for failing to require that child to wear the safety belt, but if both the driver and that child are not wearing safety belts, only one citation may be issued to the driver for both violations. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 2 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

      4.  A violation of subsection 2:

      (a) Is not a moving traffic violation under NRS 483.473.

      (b) May not be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.

      (c) May not be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      5.  The Department shall exempt those types of motor vehicles or seating positions from the requirements of subsection 1 when compliance would be impractical.

      6.  The provisions of subsections 2 and 3 do not apply:

      (a) To a driver or passenger who possesses a written statement by a physician or an advanced practice registered nurse certifying that the driver or passenger is unable to wear a safety belt for medical or physical reasons;

      (b) If the vehicle is not required by federal law to be equipped with safety belts;

      (c) To an employee of the United States Postal Service while delivering mail in the rural areas of this State;

      (d) If the vehicle is stopping frequently, the speed of that vehicle does not exceed 15 miles per hour between stops and the driver or passenger is frequently leaving the vehicle or delivering property from the vehicle; or

      (e) Except as otherwise provided in NRS 484D.500, to a passenger riding in a means of public transportation, including a school bus or emergency vehicle.

      7.  It is unlawful for any person to distribute, have for sale, offer for sale or sell any safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.

      (Added to NRS by 1969, 1209; A 1985, 195322941987, 11062001 Special Session, 1512003, 27450620802019, 510) — (Substituted in revision for NRS 484.641)

Back Seat Passengers

The statute is clear that you must wear your seatbelt no matter where you are located in the vehicle. Everyone sitting in the vehicle who is not a minor child is required to wear a seatbelt at all times in the state of Nevada. The law does not specifically address front seat or backseat, it is simply stating that everyone who is six years or older or weighs more than 60 pounds is required to wear a seatbelt at all times when they are in a vehicle that is moving. In fact, the driver can get a ticket for a violation of the seatbelt law if any of the passengers are not seat belted properly.

Penalties

The penalty in Nevada for not wearing a seatbelt is not extreme and unfortunately, may not be that big of a deterrent for people to follow the law. There is a fine that will be imposed of $25 for failing to wear your seatbelt. However, no points are assessed against your license that would impact insurance rates and your DMV driving record. It is basically a nonmoving violation. Considering the extraordinary importance and ability of seatbelts to save lives and prevent serious bodily harm, it is sad that our state legislature chose to only make the failure to wear a seatbelt a minor infraction that does not impact your record or does not come with any significant fine. Therefore, although it is the law to wear the seatbelt many people still choose not to follow it. At the law offices of TheOneLawyer.com we urge all our readers to always wear a seatbelt when in a moving vehicle. We have sadly witnessed the consequences of failure to wear seatbelts resulting in extraordinary bodily harm and even death.

Exemptions

There are several exemptions for people who drive for a living and make a lot of stops that do not have to wear a seatbelt based upon the requirements of their job. These exceptions include postal employees who are delivering the mail or delivery drivers that make frequent stops and do not exceed 15 miles an hour in between the stops such as newspaper delivery people etc. You can also obtain a note from a doctor, which I do not believe a doctor should issue lightly, that would exempt you from wearing a seatbelt if there were any medical reasons. Finally, people using public transportation are not required to use seatbelts and generally public transportation is not equipped with seatbelts.

Civil liability for injury

Although the statute noted above in section 4 states that non-use of a seatbelt cannot be considered as negligence or causation in any civil action, insurance companies will often try to argue that failure to wear your seatbelt caused your own injury. Do not put yourself in that situation or subject yourself to injury that did not need to happen. Always, always wear your seatbelt.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne-Hunt, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Marie Payne-Hunt and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.

FINDING JOY

As we come to the close of 2020, I think we are all looking to 2021 to bring relief, economic stability and a return to some normalcy. It has been a historically challenging year for the vast majority of this country and our community. With all of the trauma, sadness, hardships, losses, tragedies, changes, missed opportunities, I would like to take a moment to reflect on the lessons learned and the simple joys this year has brought and reflect on the future. And to be clear, joy is not synonymous with happiness.   Happiness, I believe,  is the sense of comfort and pleasurable feelings we have when life is going well. Joy, conversely,  has the strange capacity to accompany sorrow; and more especially can be felt even in the midst of suffering. I believe that joy is something that resides deep in our soul when we understand and are connected to others,  when we know what is genuinely good, important and meaningful in our lives.  Joy can be felt, even in the darkest hours. Whereas happiness is generally a momentary bliss which is the result of  the current circumstances in which we find ourselves.  It is the satisfaction of the moment. This year has brought extreme unhappiness, I know in my life and my kids life,  and I believe in many, many around me.  So as we close the year, I choose to reflect on what joys were realized in 2020 and to carry those forward. I will continue to hope that they merge with happiness to be found in 2021.

Joy

1. Joy is the feeling that comes from a kinship with others. The art of conversation was honed in new ways during 2020 as the inability to physically connect forced us all to connect with our verbal expressions and often expressing our thoughts and feelings in words that may have previously only been communicated through a hug or handshake.

2. Joy is gratitude. Gratitude comes from seeing the good things in the world that make it possible for us to rejoice. Gratitude follows the contemplation of our passions, our loves, nature and the experiences that we engage in to be more connected to them. This year brought walks with family, boardgames, and simple pleasures and gratitude for our connections to the ones we love.

3. Joy is retrospection. Joy can come from the vivid recollection of our experiences of our lives. Joy comes from the memories of time spent with our loved ones– even those who have left us and the details of the experience. During 2020 I think all of us have spent a great deal of time reflecting on our memories in relation to the lack thereof in 2020; but also remembering those times spent and looking forward to future events.

4. Joy comes from redemption, restoration, and resurrection. Those are the feelings of things that are broken and being repaired.  Feelings that we thought were lost or were dead that come back to us. Joy lies in letting go of regrets and feelings of recommitting ourselves to the loves and dreams that we have. 2020 has brought the opportunity to restore our faith in ourselves –in our strengths and determination that we may have forgotten that we have. It has brought the ability to embark on new projects or end situations that should have ended a long time ago.   It has brought time to reflect on what it is that truly brings joy to our hearts. 2020 has brought the ability to take back our dreams and reflect on their future implementation. 

5. Joy is our found strength. We have all been forced to find the emotional and mental fortitude necessary to deal with situations and events that are so difficult and distressing that were previously beyond our comprehension to deal with. It has taught us that the strength of our inner soul can bring us joy and take us to places we did not think were possible.

It is my hope that we can all end this year with joy in our soul; in the lessons we have learned and the depth we have found. I believe that this year has taught us all the power of thought, the necessity of intelligence, and the need for dedication. We have found ourselves in a place of self-reliance and appreciation for the things we hold dearest. Let us take these lessons into 2021 and allow ourselves to find our strengths and live our dreams.

From our Family to yours, Merry Christmas and Happy Holiday to you and all you love.   If you have a question regarding any type of personal injury, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Payne-Hunt, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or if a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.  

          At the Henderson and Las Vegas Accident injury Law Offices of Laura Payne Hunt, PC at TheOneLaweyer.com, we are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury Henderson offices.  TheOneLawyer.com is a boutique, family-owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.