576.042 - Civil action for misrepresentation or fraud; limitation of actions; service of process.
576.042 Â Civil action for misrepresentation or fraud; limitation of actions; service of process.
     1.  Any:
     (a) Producer of livestock or farm products or the producer’s agent or consignee;
     (b) Licensed broker, dealer or commission merchant; or
     (c) Nonprofit organization or association, including the Nevada Fair of Mineral Industries, 4-H clubs, the Nevada Junior Livestock Show, the Nevada State Livestock Show and the Nevada Hereford Association,
Ê who is injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he or she may also maintain an action against the surety on any bonds, or the money or securities deposited in lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the injured person is entitled to treble damages.
     2.  Any person having a claim pursuant to subsection 1 against any licensed dealer, broker or commission merchant must begin legal action on any bond, or money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year after the claim has accrued.
     3.  Pursuant to subsection 4 of NRS 576.030, process may be served by delivering to the Director duplicate copies of the process and paying a fee established by regulation of the State Board of Agriculture. The service upon the Director shall be deemed service upon the dealer, broker or commission merchant. The Director shall forward one copy of the process by registered mail prepaid to the defendant dealer, broker or commission merchant, specifying the day and hour of service. The return receipt of the defendant is prima facie evidence of the completion of service. If service of summons is made upon the Director in accordance with the provisions of this subsection, the period within which the defendant must appear is extended 10 days. The provisions of this subsection are not exclusive, but if a defendant dealer, broker or commission merchant is found within the State of Nevada, he or she must be served with process in the State of Nevada.
     (Added to NRS by 1985, 485; A 1989, 335; 1993, 1767; 1999, 3597, 3707)
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