489.4975 - Recovery from Account: Procedure; hearing; limitation.
489.4975 Recovery from Account: Procedure; hearing; limitation.
1. If a purchaser of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter in an action specified in subsection 3 of NRS 489.4971, the judgment creditor may, upon the termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment from the Account in the amount of actual damages included in the judgment and unpaid, but not more than $25,000 per judgment and the liability of the Account may not exceed $100,000 for any licensee.
2. A copy of the petition must be served upon the Administrator and an affidavit of service filed with the court. The petition and each copy of the petition served pursuant to this subsection must set forth the grounds which entitle the judgment creditor to recover from the Account and must include a copy of:
(a) The final judgment specified in subsection 1;
(b) The complaint upon which the final judgment was entered; and
(c) If assets are known to exist, the writ of execution that was returned unsatisfied.
3. The court shall act upon the petition within 30 days after service and, upon the hearing of the petition, the judgment creditor must show that:
(a) The judgment creditor is not the spouse of the judgment debtor, or the personal representative of that spouse.
(b) The judgment creditor has complied with all the requirements of NRS 489.497 to 489.4989, inclusive.
(c) The judgment creditor has obtained a judgment of the kind described in subsection 1, stating the amount of the judgment and the amount owing on it at the date of the petition.
(d) A writ of execution has been issued upon the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of any of them that were found under the execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) The judgment creditor and the Division have made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(f) The petition has been filed not more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
4. A person licensed pursuant to this chapter shall not recover from the Account for damages related to a transaction in which the person acted in his or her capacity as a licensee.
(Added to NRS by 1981, 1849; A 1999, 862; 2001, 488; 2003, 1410; 2009, 1917)