Judgment Debtor Exams in Nevada

The Court of Appeals recently reversed a district court order barring a judgment debtor examination.  In Falconi v. Farrar[1] dad obtained a judgment against mom for child support appears and then moved for a judgment debtor examination.  The motion relied upon NRS 21.270(1).

1. A judgment creditor, at any time after the judgment is entered, is entitled to an order from the judge of the court requiring the judgment debtor to appear and answer upon oath or affirmation concerning his or her property, before:
(a)  The judge or a master appointed by the judge; or
(b)  An attorney representing the judgment creditor,

at a time and place specified in the order. No judgment debtor may be required to appear outside the county in which the judgment debtor resides.

The district court denied the motion and sanctioned dad for filing it.  The district court reasoned dad

had no need for the information he would obtain from a judgment debtor exam and the request was filed only a week after the judgment was entered. But NRS 21.270(1) does not require the judgment creditor to establish a specific need for the judgment debtor exam or contain any restrictions on when a motion under that statute may be filed, instead providing that the creditor is entitled to the exam “at any time after the judgment is entered.” Moreover, neither respondent nor the district court pointed to any authority limiting the circumstances under which a judgment creditor could obtain a judgment debtor exam.

There are certainly alternative tools that can be used to collect a judgment, however the timing of the judgment debtor examination remains at the judgment debtor’s discretion, as stated in the statute.

[1] No. 69341, 2017 Nev. App. Unpub. LEXIS 133 (Nev. App. Mar. 13, 2017).