USA Statutes : nevada
Title : Title 31 - PUBLIC FINANCIAL ADMINISTRATION
Chapter : CHAPTER 353C - COLLECTION OF DEBTS OWED TO STATE AGENCY
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 353C.020
to 353C.080 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1999, 3442 )
“Agency” means an agency, bureau,
board, commission, department or division of the Executive Department of
State Government.
(Added to NRS by 1999, 3442 )
“Agreement” means a transaction
between one or more persons and an agency or the State of Nevada whereby
each party to the transaction becomes obligated to the other with
reciprocal rights to demand performance of what is promised by the other.
(Added to NRS by 1999, 3442 )
“Debt” means a tax, fee, fine or
other obligation:
1. That is owed to an agency or the State of Nevada; and
2. The payment of which is past due.
(Added to NRS by 1999, 3442 )
“Fee” means a charge fixed by law for
services or for the use of a privilege within the control of an agency or
the State of Nevada.
(Added to NRS by 1999, 3442 )
“Fine” means a requirement to pay a
sum of money that is imposed on a person for an act of wrongdoing.
(Added to NRS by 1999, 3442 )
“Person” includes any political
subdivision of this state or other governmental entity which is not an
agency.
(Added to NRS by 1999, 3442 )
“Tax” means any compulsory charge
levied by an agency or the State of Nevada against the wealth of a person
for the common benefit of the general public.
(Added to NRS by 1999, 3442 )
The provisions of this chapter apply
to an agency only to the extent that no other specific statute exists
which provides for the collection of debts due the agency. To the extent
that the provisions of this chapter conflict with such a specific
statute, the provisions of the specific statute control.
(Added to NRS by 1999, 3442 )
For the
purposes of this chapter, a debt is past due if the debt has not been
remitted and paid to an agency or the State of Nevada as required by law,
or as agreed upon by the debtor and the agency or the State of Nevada, as
appropriate.
(Added to NRS by 1999, 3442 )
The Director of the Department of
Administration and the Attorney General may jointly adopt such
regulations as are necessary to carry out the provisions of this chapter.
(Added to NRS by 1999, 3442 )
1. The State Controller shall adopt regulations establishing a fee
of $25 that an agency shall charge a person for each check or other
method of payment that is returned to the agency or otherwise dishonored
upon presentation for payment because the person had insufficient money
or credit with the drawee or financial institution to pay the check or
other method of payment, or because the person stopped payment on the
check or other method of payment.
2. Notwithstanding any specific statute or regulation to the
contrary, an agency may only charge and collect a fee for a check or
other method of payment returned to the agency or otherwise dishonored
upon presentation for payment because the person has insufficient money
or credit, or because the person stopped payment on the check or other
method of payment, in accordance with the regulations adopted by the
State Controller pursuant to this section.
3. For the purposes of this section, “agency” does not include the
Department of Taxation, Nevada Gaming Commission or State Gaming Control
Board.
(Added to NRS by 2003, 20th Special Session, 201 ; A 2005, 589 )
1. Each agency shall submit to the State Controller periodic
reports of the debts owed to the agency. The State Controller shall
maintain the reports to the extent that resources are available. The
Director of the Department of Administration and the Attorney General
shall jointly prescribe the time, form and manner of the reports.
2. Except to the extent that the information on the reports is
declared to be confidential by a specific statute of this state or
federal law, the State Controller shall make the reports available for
public inspection and may, without charge, make available for access on
the Internet or its successor, if any, the information contained in the
reports.
(Added to NRS by 1999, 3443 ; A 2001, 1876 )
If, in a
previous transaction between an agency and a person, a check or other
method of payment was returned to the agency or otherwise dishonored upon
presentation for payment because the person had insufficient money or
credit with the drawee or financial institution to pay the check or other
method of payment or because the person had stopped payment on the check
or other method of payment, the agency may refuse to conduct an
additional transaction with the person until the debt owed in the
previous transaction is paid.
(Added to NRS by 2001, 1876 ; A 2005, 590 )
An agency may enter into an agreement with a debtor which
provides for the payment of a debt owed by the debtor to the agency on an
installment basis over a 12-month or lesser period. Upon good cause shown
by the debtor, the agency may extend the period during which installment
payments will be made for more than a 12-month period.
(Added to NRS by 1999, 3443 )
Except as otherwise provided by specific statute, a
person who owes a debt of more than $200 pursuant to this chapter shall,
in addition to the debt, pay as reimbursement for the costs and fees
actually incurred to collect the debt an amount not to exceed 25 percent
of the amount of the debt or $25,000, whichever is less. Any prejudgment
or postjudgment interest on the debt authorized by law must not be
included in the calculation of the costs and fees actually incurred to
collect the debt.
(Added to NRS by 2001, 1876 )
If a person has not paid a debt that the person
owes to an agency, the Attorney General, upon the request of the agency:
1. Except as otherwise provided in this section, shall bring an
action in a court of competent jurisdiction; or
2. If the action is a small claim subject to chapter 73 of NRS, may bring an action in a court of competent
jurisdiction,
Ê on behalf of this state and the agency to collect the debt, plus any
applicable penalties and interest. The action must be brought not later
than 4 years after the date on which the debt became due or within 5
years after the date on which a certificate of liability was last
recorded pursuant to NRS 353C.180 , as
appropriate.
(Added to NRS by 1999, 3443 )
1. In addition to any other remedy provided for in this chapter,
if a person who owes a debt to an agency:
(a) Fails to pay the debt when it is due, or fails to pay an agreed
upon amount in satisfaction of the debt; or
(b) Defaults on a written or other agreement with an agency
relating to the payment of the debt,
Ê the agency may, within 4 years after the date on which the debt became
due or the date on which the debtor defaulted, as appropriate, file with
the office of the clerk of a court of competent jurisdiction an
application for the entry of summary judgment against the debtor for the
amount due.
2. An agency that intends to file an application for the entry of
summary judgment pursuant to this section shall, not less than 15 days
before the date on which the agency intends to file the application,
notify the debtor of its intention to file the application. The
notification must be sent by certified mail to the last known address of
the debtor and must include the name of the agency, 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 that specifies:
(1) The amount of the debt, including any interest and
penalties due;
(2) The name and address of the debtor, as the name and
address of the debtor appear on the records of the agency;
(3) The basis for the determination by the agency of the
amount due; and
(4) That the agency 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 debtor
for the amount specified in the certificate; and
(2) Evidence that the debtor was notified of the application
for the entry of summary judgment in accordance with subsection 2.
(Added to NRS by 1999, 3443 )
The court clerk, upon the filing of an application for the
entry of summary judgment which complies with the requirements set forth
in NRS 353C.150 , shall forthwith
enter a judgment for the agency against the debtor in the amount of the
debt, plus any penalties and interest, as set forth in the certificate.
The agency shall serve a copy of the judgment, together with a copy of
the application and the certificate, upon the debtor against whom the
judgment is entered, either by personal service or by mailing a copy to
the last known address of the debtor as it appears in the records of the
agency.
(Added to NRS by 1999, 3444 )
1. An abstract of the judgment entered pursuant to NRS 353C.160
, or a copy thereof, may be recorded
in the office of the county recorder of any county.
2. From the time of its recordation, the judgment becomes a lien
upon all real and personal property situated in the county that is owned
by the judgment debtor, or which the debtor may afterward acquire, until
the lien expires. The lien has the force, effect and priority of a
judgment lien and continues for 5 years after the date of the judgment so
entered by the court clerk unless sooner released or otherwise discharged.
3. Within 5 years after the date of the recording of the judgment
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 an
affidavit of renewal 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 judgment debtor or
acquired by the judgment debtor afterwards, unless the lien is sooner
released or otherwise discharged.
(Added to NRS by 1999, 3444 )
1. In addition to any other remedy provided for in this chapter,
an agency 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 agency;
(c) That the agency has complied with all procedures required by
law for determining the amount of the debt; and
(d) That the agency has notified the debtor in accordance with
subsection 2.
2. An agency that intends to file a certificate of liability
pursuant to this section shall, not less than 15 days before the date on
which the agency intends to file the certificate, notify the debtor of
its 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, 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 )
1. The State Controller may, to the extent that resources are
available, offset any amount due an agency from a debtor against any
amount owing to that debtor by any agency, regardless of whether the
agency which owes the amount is the same agency to which the debtor owes
the debt. Whenever the combined amount owing to a debtor by all agencies
is insufficient to offset all the amounts due the agencies from the
debtor, the State Controller shall allocate the amount available from the
debtor among the agencies in such a manner as the State Controller
determines is appropriate.
2. If a debtor who owes a debt to an agency has a claim against
that agency or another agency and refuses or neglects to file his claim
with the agency within a reasonable time, the head of the agency to which
the debtor owes the debt may file the claim on behalf of the debtor. If
the State Controller approves the claim, it has the same force and effect
as though filed by the debtor. The amount due the debtor from the agency
is the net amount otherwise owing to the debtor after any offset as
provided in this section.
3. The State Controller shall adopt such regulations as are
necessary to carry out the provisions of this section, including, without
limitation, the manner in which offsets will be allocated among agencies.
(Added to NRS by 1999, 3445 )
1. The State Controller may, if requested by any state agency, act
as the collection agent for that agency.
2. If the State Controller acts as the collection agent for an
agency, the agency may coordinate all its debt collection efforts through
the State Controller.
(Added to NRS by 2001, 1876 )
1. Except as otherwise provided in subsection 2, an agency may
enter into a contract with a private debt collector or any other person
for the assignment of the collection of a debt if the agency:
(a) Determines the assignment is likely to generate more net
revenue than equivalent efforts by the agency to collect the debt,
including collection efforts pursuant to this chapter;
(b) Determines the assignment will not compromise future
collections of state revenue; and
(c) Notifies the debtor in writing at his address of record that
the debt will be turned over for private collection unless the debt is
paid.
2. An agency shall not enter into a contract with a
private debt collector or any other person for the assignment of the
collection of a debt if the debt has been contested by the debtor.
3. A contract for the assignment of the collection of a
debt may provide for:
(a) Payment by the agency to the private debt collector
or other person of the costs of collection and fees for collecting the
debt; or
(b) Collection by the private debt collector or other
person from the debtor of the costs of collection and fees for collecting
the debt.
4. Any contract entered into pursuant to this section is
subject to approval by the Director of the Department of Administration
and the State Controller.
(Added to NRS by 1999, 3445 ; A 2001, 1877 )
1. Notwithstanding any specific statute to the contrary, an agency
to which a debt is owed may, in addition to any other remedy provided for
in this chapter, give notice of the amount of the debt and a demand to
transmit to any person, including, without limitation, any officer,
agency or political subdivision of this state, who has in his possession
or under his control any credits or other personal property belonging to
the debtor, or who owes any debts to the debtor that remain unpaid. The
notice and demand to transmit must be delivered personally or by
certified or registered mail:
(a) Not later than 4 years after the debt became due; or
(b) Not later than 6 years after the last recording of an abstract
of judgment pursuant to NRS 353C.170
or a certificate of liability pursuant to NRS 353C.180 .
2. If such notice is given to an officer or agency of this state,
the notice must be delivered before the agency which sent the notice may
file a claim with the State Controller pursuant to NRS 353C.190 on behalf of the debtor.
3. An agency that receives a notice and demand to transmit
pursuant to this section may satisfy any debt owed to it by the debtor
before it honors the notice and demand to transmit. If the agency is
holding a bond or other property of the debtor as security for debts owed
or that may become due and owing by the debtor, the agency is not
required to transmit the amount of the bond or other property unless the
agency determines that holding the bond or other property of the debtor
as security is no longer required.
4. Except as otherwise provided by specific statute, a person who
receives a demand to transmit pursuant to this section shall not
thereafter transfer or otherwise dispose of the credits or other personal
property of, or debts owed to, the person who is the subject of the
demand to transmit without the consent of the agency which sent the
demand to transmit.
5. Except as otherwise provided by specific statute, a person who
receives from an agency a demand to transmit pursuant to this section
shall, within 10 days thereafter, inform the agency of, and transmit to
the agency within the time and in the manner requested by the agency, all
credits or other personal property in his possession or control that
belong to, and all debts that he owes to, the person who is the subject
of the demand to transmit. Except as otherwise provided in subsection 6,
no further notice is required to be served on such persons.
6. Except as otherwise provided by specific statute, if the
property of the debtor consists of a series of payments owed to him, the
person who owes or controls the payments shall transmit the payments to
the agency which sent the demand to transmit until otherwise notified by
the agency. If the debt of the debtor is not paid within 1 year after the
date on which the agency issued the original demand to transmit, the
agency shall:
(a) Issue another demand to transmit to the person responsible for
making the payments that informs him to continue transmitting payments to
the agency; or
(b) Notify the person that his duty to transmit the payments to the
agency has ceased.
7. If the notice and demand to transmit is intended to prevent the
transfer or other disposition of a deposit in a bank or other depository
institution, or of any other credit or personal property in the
possession or under the control of the bank or depository institution,
the notice must be delivered or mailed to any branch or office of the
bank or depository institution at which the deposit is carried or the
credit or personal property is held.
8. If any person to whom an agency delivers a notice and demand to
transmit transfers or otherwise disposes of any property or debts
required by this chapter to be transmitted to the agency, the person is,
to the extent of the value of the property or the amount of the debts so
transferred or disposed of, liable to the agency for any portion of the
debt that the agency is unable to collect from the debtor solely by
reason of the transfer or other disposition of the property or debt.
9. A debtor who owes a debt to an agency which delivers a notice
and demand to transmit concerning the debtor pursuant to this section is
entitled to an administrative hearing before that agency to challenge the
collection of the debt pursuant to the demand to transmit. Each agency
may adopt such regulations as are necessary to provide an administrative
hearing for the purposes of this subsection.
(Added to NRS by 1999, 3446 ; A 2001, 1877 )
1. If an agency determines that it is impossible or impractical to
collect a debt, the agency may request the State Board of Examiners to
designate the debt as a bad debt. The State Board of Examiners, by an
affirmative vote of the majority of the members of the Board, may
designate the debt as a bad debt if the Board is satisfied that the
collection of the debt is impossible or impractical. The State Board of
Examiners may delegate to its Clerk the authority to designate an
overpayment of salary to a current or former state employee of not more
than $50 as a bad debt. An agency that is aggrieved by a denial of a
request to designate such an overpayment as a bad debt by the Clerk may
appeal that denial to the State Board of Examiners.
2. Upon the designation of a debt as a bad debt pursuant to this
section, the State Board of Examiners or its Clerk shall immediately
notify the State Controller thereof. Upon receiving the notification, the
State Controller shall direct the removal of the debt from the books of
account of the State of Nevada. A bad debt that is removed pursuant to
this section remains a legal and binding obligation owed by the debtor to
the State of Nevada.
3. If resources are available, the State Controller shall keep a
master file of all debts that are designated as bad debts pursuant to
this section. If such a file is established and maintained, for each such
debt, the State Controller shall record the name of the debtor, the
amount of the debt, the date on which the debt was incurred and the date
on which it was removed from the records and books of account of the
agency or the State of Nevada, and any other information concerning the
debt that the State Controller determines is necessary.
(Added to NRS by 1999, 3447 ; A 2001, 1878 ; 2003, 1452 )
The remedies of this state provided for in this
chapter are intended to supplement existing remedies applicable to the
collection of debts. Nothing contained in this chapter shall be construed
to limit or repeal additional remedies agreed to by any person or an
agency in any written agreement or contract with this state.
(Added to NRS by 1999, 3447 )
