NRS 616C.223
Application for entry of summary judgment: Conditions

  • notice to employer
  • filing requirements
  • entry of judgment
  • service of judgment
  • recordation of judgment
  • lien upon property of employer
  • extension of lien.

1.

Except as otherwise provided in this subsection, if an employer fails to pay to the Division any amount due pursuant to NRS 616C.220, the Division may, after the date on which the debt became due, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the employer for the amount due. The Division may not enforce a judgment against an employer if an appeal requested by the employer pursuant to NRS 616C.220 is pending.

2.

If the Division intends to file an application for the entry of summary judgment, the Division shall, not less than 15 days before the date on which the application is filed, notify the employer of the Division’s intention to file the application. The notification must be sent by certified mail to the last known address of the employer and must include the name of the employee for whom the claim was paid, the amount sought to be recovered and the date on which the application will be filed with the court.

3.

An application for the entry of summary judgment must:

(a)

Be accompanied by a certificate which specifies:

(1)

The amount owed by the employer, including any attorney’s fees, interest and administrative costs due;

(2)

The name and address of the employer; and

(3)

That the Division has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and

(b)

Include:

(1)

A request that judgment be entered against the employer for the amount specified in the certificate; and

(2)

Evidence that the employer was notified of the application for the entry of summary judgment in accordance with subsection 2.

4.

The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in this section, shall forthwith enter a judgment against the employer in the amount of the debt, plus any attorney’s fees, interest and administrative costs, as set forth in the certificate. The Division shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the employer against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the employer.

5.

An abstract of the judgment entered pursuant to subsection 4, or a copy thereof, may be recorded in the office of the county recorder of any county.

6.

From the time of its recordation, the judgment constitutes a lien upon all real and personal property situated in the county that is owned by the employer, or which the employer may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 6 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.

7.

Within 6 years after the date of the recording of the judgment or within 6 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for 6 years to all real and personal property situated in the county that is owned by the employer or acquired by the employer afterwards, unless the lien is sooner released or otherwise discharged.

Source: Section 616C.223 — Application for entry of summary judgment: Conditions; notice to employer; filing requirements; entry of judgment; service of judgment; recordation of judgment; lien upon property of employer; extension of lien., https://www.­leg.­state.­nv.­us/NRS/NRS-616C.­html#NRS616CSec223.

616C.150
Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment
616C.155
Payment of compensation by insurer prohibited before required
616C.157
Request for prior authorization: Time to respond
616C.160
Newly developed injury or disease: Inclusion in original claim for compensation
616C.165
Determination of responsibility of insurer for undisputed claim for compensation
616C.170
Resolution of disputes between insurers if benefits are claimed against more than one insurer
616C.175
Employment-related aggravation of preexisting condition which is not employment related
616C.177
Medical records concerning preexisting condition: Authority of insurer to request records
616C.180
Injury or disease caused by stress
616C.185
Compensation for mastectomy and reconstructive surgery.
616C.190
Compensation of employee injured out of State.
616C.195
Acceptance of compensation or benefits by employee injured out of State constitutes release of employer and waiver of remedy at common law or statutory remedy provided in another state.
616C.200
Commencement of action in another state to recover damages or compensation by employee injured out of State constitutes irrevocable waiver of compensation due under Nevada law
616C.205
Compensation not assignable
616C.210
Compensation of nonresident alien dependents
616C.215
Actions and proceedings to recover damages in tort or from proceeds of vehicle insurance: Reduction of compensation by amount of recovery
616C.220
Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims
616C.223
Application for entry of summary judgment: Conditions
616C.225
Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits
616C.230
Grounds for denial, reduction or suspension of compensation
616C.232
Denial of compensation for temporary total disability because of discharge for misconduct.
616C.235
Closure of claim by insurer: Procedure
Last Updated

Jun. 24, 2021

§ 616C.223’s source at nv​.us