353C.180 - Certificate of liability: Contents; recording; notification to debtor; lien on property; extension of lien.
353C.180 Certificate of liability: Contents; recording; notification to debtor; lien on property; extension of lien.
1. In addition to any other remedy provided for in this chapter, the State Controller may, within 4 years after the date that a debt becomes due, record a certificate of liability in the office of a county recorder which states:
(a) The amount of the debt, together with any interest or penalties due thereon;
(b) The name and address of the debtor, as the name and address of the debtor appear on the records of the State Controller;
(c) That the State Controller has complied with all procedures required by law for determining the amount of the debt; and
(d) That the State Controller has notified the debtor in accordance with subsection 2.
2. The State Controller shall, not less than 15 days before the date on which he or she intends to file the certificate, notify the debtor of the State Controller’s intention to file the certificate. The notification must be sent by certified mail to the last known address of the debtor and must include the name of the agency to which the debt is owed, the amount sought to be recovered and the date on which the certificate will be filed with the county recorder.
3. From the time of the recording of the certificate, the amount of the debt, including interest which accrues on the debt after the recording of the certificate, constitutes a lien upon all real and personal property situated in the county in which the certificate was recorded that is owned by the debtor or acquired by the debtor afterwards and before the lien expires. The lien has the force, effect and priority of a judgment lien on all real and personal property situated in the county in which the certificate was recorded and continues for 5 years after the date of recording unless sooner released or otherwise discharged.
4. Within 5 years after the date of the recording of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the date of recording, the lien is extended for 5 years to all real and personal property situated in the county that is owned by the debtor or acquired by the debtor afterwards, unless the lien is sooner released or otherwise discharged.
(Added to NRS by 1999, 3444; A 2009, 1178)