Category Archives: General Interest, Tips

HOW MUCH TOWING COVERAGE YOU SHOULD HAVE

THREE REASONS TO HAVE ROADSIDE ASSISTANCE INSTEAD OF TOWING

  1. Roadside assistance will include towing coverage for your vehicle for any reason whether it is an accident or a break-down;
  1. Roadside assistance coverage will provide you with help in the event you have a flat tire or mechanical defect, but towing coverage will not provide coverage for those issues;
  1. There is no need to pay for towing coverage and roadside assistance so you should pick one or the other and I recommend roadside assistance.

One coverage no one ever really thinks about until they need it is their towing coverage. There are actually different levels of towing and the cost can be quite high if your vehicle needs to be towed for a long distance. For example, most towing coverage is covering a certain number of miles usually in the city from 10 to 20 miles. If you have to have an accident out on the highway or somewhere far from a body shop, you could wind up with quite the towing bill.  You would also be at the mercy of whatever towing company was used. For example, if your insurance coverage covers the first 20 miles of towing and your vehicle winds up needing to be towed 50 miles, you could be on the hook for is much is five dollars a mile or better for those last 30 miles. Generally, towing coverage is very inexpensive and to increase it to a higher mileage of towing is usually only a couple of dollars. It is a coverage that no one thinks about and unfortunately, agents really overlook. In fact, I think very few people even have an agent anymore. Many people just go online and purchase their coverage. Insurance companies are not inclined to offer you better coverages for small amounts of money so often the most economical pops up and unless you click a drop-down button or look further, you may assume that is the only level of coverage offered. 

Where do I have towing coverage?

Road-Side Assistance

Towing your vehicle coverage can come from two different places. You can have a roadside assistance policy on your main insurance or through a separate carrier like AAA and that will cover towing. Roadside assistance policies generally have limitations on towing and a slightly higher fee associated with a better towing package. It is important to look at what you are buying and see if you would benefit from a slightly increased premium for better coverage to tow your vehicle from a long distance.

Auto Insurance Policy

Towing coverage can also be on your primary auto insurance policy. It is not necessary to have duplicate coverage. Roadside assistance policies are generally better because they will come out and change a flat tire or assist you in the event that your vehicle breaks down. You will get more bang for your buck from the roadside assistance policy then a towing policy on your primary auto policy.  Therefore, TheOneLawyer.com, we highly recommend that you have a roadside assistance policy instead of a towing policy.   Many major carriers offer their own roadside assistance, or you can purchase one separate from your auto insurance coverage through a different carrier.  

It has been our experience at the onelawyer.com and dealing with auto accident cases and injured clients that people generally do not even know what towing coverage they have. It is something they just assume is built into a policy and sadly it is not. When you are buying auto insurance or reviewing your auto insurance coverages be sure to check your towing coverage and see what coverages are on the policy.  You do not need to have two policies of roadside assistance and towing. You can put only towing on your automobile liability and comprehensive policy. However, that will only cover towing in the event of an accident and not a breakdown. Therefore, we highly recommend that you purchase roadside assistance instead of towing because it will help you in many more situations such as a breakdown, a flat tire, being locked out of your vehicle or any other mechanical breakdown issue that you may encounter.  If they cannot fix your vehicle on the site, they will tow your vehicle to the nearest body shop.

Below is a comparison of Roadside assistance policies done by motor1.com

Best Roadside Assistance ProviderAverage CostBBB RatingCoverageTowing LimitPolicy Limits
1. Progressive$16A+Towing, winching, jump-start, fuel delivery, battery change, lockout service, flat tire change, on-scene labor15 miles or nearest repair shopService limits vary by policy
2. AAA$38–$164A+Towing, flat tire change, jump-start, fuel delivery, mechanical first aid, locksmith service, identity theft protection, passport photos, trip planningThe nearest gas station, AAA-approved repair facility, or preferred mechanicLimit of 4 service calls per membership year
3. Better World Club$58-$98A+Battery jump-start, flat tire change, lockout service, fuel delivery, trip routing, discounts on hotels, rental cars, and more5 miles with the Basic Auto package, 100 miles with the Premium Auto packageLimit of 4 service calls per year
4. USAA$14A-Towing, lockout service, jump-start, flat tire change, fuel deliveryNearest repair shopPays up to $100 per occurrence
5. Geico$14A+Towing, jump-start, flat tire change, lockout serviceNearest repair shopLimit of 5 service calls per year
6. CARCHEX$60–$110A+Towing, mechanical first aid, flat tire change, emergency battery service, lockout service, fuel delivery, theft reward, trip route mapping25 milesLimit of 5 to unlimited service calls per year, depending on package
7. Allstate Motor Club$86–$144A+Towing, jump-start, fuel delivery, lockout service, flat tire change, trip planning$150–$250 benefit per tow, depending on packageLimit of 3–5 service calls per year, depending on package
8. AARP$64–$84A+Towing, flat tire change, fuel delivery, battery boost, winching, lockout service, trip routing, auto theft reward, emergency hospital bond, arrest bond certificate, legal defense reimbursement, trip interruption guarantee5 miles with the basic package, 100 miles with premium packageLimit of 3–4 service calls per year, depending on package
9. OnStar$300–$756FAutomatic crash response, automatic emergency services contact, towing, flat tire change, fuel delivery, stolen vehicle assistance, remote vehicle diagnostics, 2GB hotspot data40 miles or nearest repair shopService limits vary by customer and state
10. American ExpressFree*A+Towing, winching jump-start, fuel delivery lockout service, flat tire changeNearest repair shopOnly provides coordination and assistance with obtaining services (cost of services are the responsibility of the customer)
https://www.motor1.com/reviews/409428/best-roadside-assistance-plans/

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim and maximize the money you receive in your pocket after your bills and fees are paid.

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. 

HOW TO OBTAIN A TRAFFIC ACCIDENT REPORT IN SOUTHERN NEVADA

FIVE THINGS TO KNOW ABOUT HOW TO GET A POLICE REPORT FOR AN AUTO ACCIDENT

  1. You will need to check the jurisdiction of the accident on the Police “tape” they will give you at the scene. Take a picture of that tape;
  1. For the City of Henderson, you can obtain the report at no cost at: Henderson Police Records 

Attention: Traffic Accident Records

223 Lead Street

Henderson, NV 89015

  1. For the LVMPD, you can obtain the report for ten dollars at:   

LVMPD Police Records Section

Attention: Traffic Accident Records

  1. Martin Luther King Blvd., Bldg. C

Las Vegas, NV 89106

  1. For the City of North Las Vegas, you can obtain the report for $5 dollars at: 2266 Civic Center Dr. 
                                                                                                                              North Las Vegas, NV  89030
                                                                                                                              Phone: (702) 633-1715
  1. For the Nevada Highway Patrol’ you can obtain the report for a cost of $10 at:

Nevada Highway Patrol Records Section

Attention: Traffic Accident Records

  1. Sunset Road

Las Vegas, NV 89118

How to Get A Traffic Accident Report

Clients come to us and often they have the police tape which is a receipt type paper that the officer will hand you at the scene of the accident. It is critical that you keep this piece of paper. In fact, I strongly advise that you take a photo of it, so it is not lost. This document which looks like a receipt contains the insurance information of the adverse driver, their driver’s license information, and Vin number of the vehicles involved in the accident.  It also has contact information for insurance companies and the other driver. Clients often believe that this is the actual police report. In fact, it is not. The police use this information that they input, and they prepare a complete report which can be retrieved from the department who investigated the accident. In southern Nevada there are four primary departments that have jurisdiction over traffic accident. 

 The department that responds to the scene will be either the City of Henderson, the City of North Las Vegas, the Las Vegas Metropolitan Police Department, or the Highway Patrol most likely. The document that you are given by the officer will clearly indicate which department is responding and their vehicles will also be marked as well. It is important that you go to the correct facility to obtain your report. These agencies are not crossed so one agency will not have the report of another. For example, the City of Henderson will not have a police report that was prepared by the Las Vegas Metropolitan Police Department. For your convenience, below we have listed the information of where to obtain and how to obtain each report. At Law Offices of TheOneLawyer.com we are able to get started on your case immediately to get you the treatment you need, and your car repaired quickly with the simple tape that you were given by the officer.  At TheOneLawyer.com we will obtain the report on your behalf. If you would like to get the full report, each agency has their own guidelines and locations.

Obtaining a Report from the LVMPD

The cost to obtain a Traffic Collision Reports from the LVMPD is $10.00. You can request the report at LVMPD Police Records Section 400 Martin Luther King Blvd., Bldg. C, Las Vegas, NV 89106 or online.  Your request cannot be completed without these important an email address, a phone number with area code and an event number or date/time and location of accident to obtain a report.

Obtaining a Report from the City of North Las Vegas

The City of North Las Vegas is open Monday through Thursday 9:00 a.m. to 5:00 p.m. (closed holidays).  The day after a holiday and Mondays are usually the busiest days. The records office is located at: 

2266 Civic Center Dr. 
North Las Vegas, NV  89030
Phone: (702) 633-1715


They have the option to request a report by mail.  To make the request by mail, include a copy of your identification, a notarized letter with case number and/or any other pertinent information and a self-addressed stamped/postage paid envelope.  If you are requesting a 911 call or photos, the return envelope must accommodate a CD.  You must include all fees for the reports with the request. The Record Division for the City of North Las Vegas is open to request copies of reports or to obtain background checks Monday through Thursday from 9:00 a.m. to 5:00 p.m.

The following is a list of the fees as of April 2021 (personal checks are accepted)

Police Reports$5.00 per report
Police Reports on Microfilm$4.00 for first page, $1.00 each additional page
Photographs$10.00 if on disc, $2.00 per page for color photos
SCOPE (Background Check)$10.00
Employment Background Check$10.00 – The employer must present a signed release from the employee for whom the background check is being conducted
Requests for 911 Calls$10.00 each
Radio Tickets$5.00 each
Witness Statements$5.00 each
Miscellaneous Report Attachments$5.00 each

Obtaining a Report from the City of Henderson

Traffic accident reports from the city of Henderson are available online, free of charge, at crashdocs.org. If the accident is still under investigation, it will not be available until the investigation is complete and the case is closed. Henderson Police accident reports are generally available online approximately 48 to 72 hours after the accident.  They can also be picked up at 223 Lead Street, Henderson, NV 89015.

Obtaining a Report from the Nevada Highway Patrol https://nhp.nv.gov/Reports/Crash_Report_Request/ 

In order to obtain a copy of a Nevada Highway Patrol Traffic accident report of a collision that you were involved in, in Southern Nevada, you can go to 4615 Sunset Road, Las Vegas, Nevada or you can go online.  Remember you will need to allow seven to fourteen business days from the day of the automobile accident for accident report to be completed and available for release. Also, please not that each accident report will cost ten dollars ($10) and five dollars ($5) for a photo CD.  Accidents involving fatalities will take much longer as the investigation is much more detailed.  

By contacting a lawyer immediately, you can receive the most money for your injury claim. At TheOneLawyer.com we will quickly obtain the report for you.   Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of insurance policies.   With extensive experience in the insurance field, I can help you review your injury claim  and maximize the money you receive in your pocket after your bills and fees are paid.

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 KIND OF INSURANCE SHOULD I HAVE?

One of the most frequently asked questions I get from friends and family members as an insurance attorney handling people’s injury and property claims is “what kind of insurance do I have?” 

The most common statement a client makes when they come in the offices usually is, “I have full coverage.”

However, after reviewing thousands of insurance policies, it has become clear that most people do not know what “Full coverage” is. In past years, many people used insurance agents who were helpful in explaining what types of coverages people needed.  Agents would have assisted them in purchasing their insurance. If you can use an insurance agent that you know and trust, I would highly recommend that.  Understanding insurance coverages can be complex, and often a large increase in coverage comes with a very small rate increase. 

For that reason, it is extremely important to understand what insurance coverages for your automobile are available and what the different coverages mean if you are injured, or your property is damaged, or you have injured someone else.   Most auto insurance policies are relatively simple to understand if you know the terminology they use. I think insurance companies intentionally use vague and ambiguous language so that people do not know what they are really buying. The following are the type of coverages that you will be asked if you buy insurance online or by an agent when you go to purchase insurance. Your responses and your purchases can be critical to your well-being in the event that you or someone you love is injured in an accident.  There are several basic coverages.

LIABILITY COVERAGE

The first coverage that you purchase, which is required by law, is called liability coverage (often called bodily injury coverage).   What that means is the amount of money that your insurance company will pay for property damage and bodily injury for the adverse driver and passengers (a.k.a. third parties) in the event you cause an automobile accident. In Nevada, state minimum is 15/30/10. Most people do not know what that means either. When there are three numbers, the first number is the amount your insurance company will pay per person for bodily injury and the second number is the amount your insurance company will pay per accident for bodily injury. For example, if you get into an automobile collision and it is your fault and there is one person in the other vehicle, they can only obtain $15,000 from your insurance company. If there were two people in the vehicle, they could obtain $15,000 each. However, if they were three or more people in that vehicle, the $30,000 would be split between those people if they were injured. It is not rocket science to know that in today’s exorbitant world of medical billing, $15,000 does not go very far. The third number is the total amount your insurance company will pay for property damage to the other vehicle or property such as a damaged road sign because of the accident. If you purchase a minimum insurance policy, you could wind up being personally exposed. Meaning, if there’s not enough insurance coverage, the other driver could sue you and obtain a judgment against your personal assets to recover their damages. For this reason, it is extremely important to insure yourself and your family as high as you can afford to protect your personal assets. Meaning if you own your home, and you have savings accounts, you want to make sure that you have enough insurance. I often recommended umbrella policy to people which is usually a cost of approximately $12-$15 per month and will protect your assets.  An Umbrella policy provides a higher layer of coverage for your auto, home, boat, etc. on top of your limits, usually in the amount of a million dollars.

COLLISION COVERAGE

The second type of coverage which most people consider to be “full coverage” is collision coverage. Collision coverage means that payments will be made to fix your vehicle if your car is damaged in an accident. If you purchase collision coverage, that coverage will cover damage to your automobile. It is extremely important to know what your deductible is. Often, changing your deductible from $1000.00 down to $500.00 is as little as $8.00 to $10.00 on your overall premium. It is important that you check what you are paying for and what you could get for just a little bit more. When you go to Target, you can see all the items on the shelf, and you can see what all the items cost and their value so you can choose accordingly. Unfortunately, with buying insurance, they do not make it that simple.   You must ask these questions either of the agent or when you are buying online you need to change the deductibles and change your coverages and see how it affects your premium.  

MEDICAL PAYMENTS COVERAGE

A little-known coverage that many agents do not even mention, or offer is called Medical Payments coverage, and this can be extraordinarily important for you if you are in an accident. Medical Payments Coverage is usually a fixed amount anywhere from $1000.00, or $2,000.00, or $5,000.00 on up. It means that your insurance company will pay your medical bills regardless of whether you have health insurance if you are in an automobile accident and you’re injured. Medical payments coverage can be very important because often you may have large co-pays, especially for ambulance bills, from an accident. Health insurance often will not cover things like physical therapy as much as you need, or you may have large deductible on your health insurance policy. Medical payments coverage is generally an expensive coverage which will protect you from out-of-pocket medical expenses if you are in an accident. It is important to know that even if it is not your fault, it can take months or years to recover from the other driver. Your medical providers, (hospitals, ambulances, quick cares, etc.) will not wait until the claim is final to send you to collections. When purchasing insurance always look at what medical payments coverage is available and the cost. If it fits your budget, you should purchase medical payments to protect yourself. Another important issue to know about medical payments is that it is not an at fault coverage, meaning if you use your medical payments coverage on your policy, it is not counted as a claim against you for your rates.

UM/UIM COVERAGE

Another extremely important coverage that people often drop to save money is called UM/UIM. This means uninsured or underinsured motorist coverage. Uninsured is self-explanatory, it means that if someone without insurance hits you, you have coverage for your medical bills and injuries. Underinsured coverage means that if someone with a small policy, like the state minimum of $15,000 hits you and you are seriously injured, you can recover against your own policy after the $15,000.00 is paid from the other driver. In the state of Nevada, it is estimated that 13% of all drivers on the road do not have car insurance.  It is extremely important to protect yourself and your assets from reckless and illegal drivers. In the state of Nevada, when you purchase insurance, the insurance company is required to offer you UM/UIM benefits and if you reject the same, they must have you sign a waiver. Think carefully before you reject these benefits because if you are in a serious accident these benefits could protect you and your loved ones from undue financial burden.

RENTAL CAR COVERAGE

Also, there is the coverage for rental car benefits and towing. These are somewhat self-explanatory, however, there are a few tricks. When looking at your towing coverage always check the number of miles that they will tow your vehicle. Sometimes they have separate towing packages where they will only tow your vehicle 5 -10 miles and then you are at the mercy of the tow truck company for the rest of the bill. It is often pennies to change the policy to a better towing policy where they will tow you up to 100 miles.  It is similar with rental coverage. If you, like me, drive a large vehicle to take your family places and haul groceries, and you are need of a rental car from an auto accident, most policies will offer you the $20 a day, very basic economy car.  This may not fit your needs, and if it does not, it can be very costly to you to rent a larger vehicle. When purchasing rental insurance, you usually have the option of $20-$30 a day or $50 a day in rental coverage. Again, this is generally a very inexpensive change on the policy and when purchasing rental insurance, check to see the cost of having a better vehicle in the event that you need a rental car. Often it is less than five dollars.

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 DOES INSURANCE PAY IF MY CAR IS A TOTAL LOSS?

FIVE THINGS TO UNDERSTAND ABOUT A TOTAL LOSS

  1. Sometimes you cannot tell by looking if the car is a total loss
  1. You will not get to decide whether or not your car is a total loss
  1. Legally if the cost to repair is more than 65% of the car’s value, it is a total loss.
  1. The fair market value of the vehicle is negotiable, do not let the insurance company tell you it’s not.
  1. The loan on the car is not the fair market value so always but GAP insurance on a new car.

One of the most common misconceptions that we see in our office is what the meaning of total loss is in the context of an auto accident. Clients often think that total loss means they will get a new car. Unfortunately, that is not the reality. In fact, clients also think they can determine whether their car is, in fact, a total loss. Unfortunately, that is also not the case.

In the state of Nevada, whether a car is a total loss is governed by Nevada Revised Statute 487.790. Specifically, NRS 487.790 states as:

NRS487.790“Total loss vehicle” defined.

      1.  “Total loss vehicle” means a motor vehicle:

      (a) Of a type which is subject to registration; and

      (b) Which has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

             (1) Painting any portion of the vehicle;

             (2) Replacing electronic components in accordance with the specifications of the manufacturer; or

             (3) Towing the vehicle.

      2.  The term does not include:

      (a) A nonrepairable vehicle;

      (b) A motor vehicle which is 10 model years old or older and which, to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged and regardless of cost, requires the replacement of only:

             (1) The hood;

            (2) The trunk lid;

             (3) A fender;

             (4) Two or fewer of the following parts or assemblies, which may be bolted or unbolted:

                   (I) Doors;

                   (II) A grill assembly;

                   (III) A bumper assembly;

                   (IV) A headlight assembly; or

                   (V) A taillight assembly; or

             (5) Any combination of subparagraph (1), (2), (3) or (4);

      (c) A motor vehicle, regardless of the age of the vehicle, for which the cost to repair the vehicle is less than 65 percent of the fair market value of the vehicle immediately before the vehicle was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

             (1) Painting any portion of the vehicle;

             (2) Replacing electronic components in accordance with the specifications of the manufacturer; or

             (3) Towing the vehicle; or

      (d) A motor vehicle that was stolen and subsequently recovered if the motor vehicle:

             (1) Has no structural damage; and

             (2) Is missing only tires, wheels, audio or video equipment, or some combination thereof.

      3.  For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.

      (Added to NRS by 1995, 1573; A 2003, 1911; 2005, 1245; 2011, 1663)

What this means is that if the cost to repair your car is more than 65% of the fair market value of the vehicle, it must be declared a total loss by state law. However, even with this definition that would seem clear on its face, there are a lot of variables. Such variables include determining what will be the actual cost to repair the car as well as the actual value of the car. 

DETERMING TOTAL LOSS

I can generally look at a photograph and tell you if the vehicle is going to be a total loss. Feel free to call our office with any questions if you have been involved in accident involving a vehicle that has been deemed a total loss.  When estimating the damage, the insurance company will generally allow some leeway for hidden damage in determining whether to repair the vehicle or not. This means for example if your vehicle is worth $10,000 and the insurance company estimates the damage at $4,000, they will likely deem the car a total loss because if there is additional hidden damage found when repairs begin, it will rise to the level of total loss.       

Sometimes, if the client really wants the vehicle repaired, and it is close on the total loss versus fair market value, we can have their carrier repair the vehicle and the client will sign a waiver regarding future repair costs. This is not something we generally recommend but there are occasions that clients are very attached to their vehicles and do not want to send them to the salvage yard.   At the Law Offices of Laura Hunt, we listen to our clients’ needs and requests and assist throughout the property damage loss assessment and payment. We also do not take any fee for handling this portion of the case when handling the personal injury matter.  It is important when finding a personal injury attorney to discuss this matter up front.  Many personal injury attorneys do not help their clients with the property damage at all. At the Law Offices of Laura Hunt, we make sure you are fairly compensated for your vehicle or that it is fully repaired, and we do not charge for this service when handling the personal injury claim.

DETERMINING FAIR MARKET VALUE OF YOUR VEHICLE

The second part of a total loss claim is determining the fair market value of your car.  I generally explain this to clients as if you were going to sell your vehicle on the morning of the accident before the collision occurred, what would be the price that you would accept for the vehicle. The way we generally determine this number is to look at what we call in the business “comps “. This means comparable vehicles for sale. Most common vehicles can be searched easily on the Internet. Simply enter the year, make, and specific model of your vehicle and look for similar vehicles for sale. You will generally find a significant range in value often thousands of dollars depending on the vehicle.  We look for higher value comps that are as close to our client’s vehicle as possible to determine the fair market value. You want to compare things like options; for example, whether it has leather or cloth seats, whether it is turbo or not turbo, whether it has navigation or not, as well as mileage.

After you find the comparable vehicles for sale, print this information and be sure to include the name of the dealership or private seller on the documentation you print to reach them to verify the comparable sale. You can compare these with the amount the insurance company is offering you for the total loss of your vehicle and it should be comparable to these numbers.

GAP INSURNACE

When hen purchasing a new or newer vehicle, we urge our clients to obtain GAP insurance on their car loan. If the dealer offers this to you, you can research to compare rates with other carriers to make a comparison to what the dealer is offering you when you are buying the car.   You can do this on your phone at the dealership while in the process of purchasing the car. GAP insurance is insurance that protects you if your car is an accident, is a total loss, and has a fair market value of less than the loan balance.  Your insurance company or the other side will only pay the fair market value of the vehicle. Sometimes that is less than what is owed on the car. You could reach a situation where you still owe thousands of dollars on a vehicle you no longer have because the value was less than the loan. Unfortunately, this can and does happen. That is why we urge clients to have a GAP insurance to pay the gap in the fair market value and the amount of the loan balance. If you have already purchased a new vehicle and did not obtain gap insurance, it is something that you can add, and we urge you to do that.

CONTACT AN ATTORNEY IF YOUR VEHICLE IS TOTAL LOSS

By contacting a lawyer immediately, you can receive the most money for your vehicle. At my office, we are happy to handle the total loss of your vehicle at no cost along with your personal injury claim.  Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of total loss claims.   With extensive experience in the insurance field, I can help you review your total loss to maximize the money you get for your vehicle.

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. 

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. 

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.