The Three Day Notice of Intent to Default in Nevada is a necessary notice prior to defaulting any party who has not responded to a lawsuit. At Rise Legal – Steve Dixon Law, our office has years of experience dealing with default judgments. We have also helped clients with collection issues on both sides of the coin. Once a lawsuit is filed and the Complaint is served on a defendant, the defendant has 20 days to file an Answer to the Complaint.
However, sometimes a defendant does not file an Answer. So what happens now? The next step is to pursue a default judgment against the party who has not responded to the lawsuit. Before doing this, you need to make sure you follow proper procedures or your default could be negated by a judge later on. There is a way to protect yourself from the default being set aside. You can do this by filing a Three Day Notice of Intent to Default. Don’t forget that you need to send a copy to the party or the party’s representative as well.
Still, if you are looking for the actual rule in Nevada for Three Day Notices of Default you won’t find it. Instead, the Three Day Notice of Intent to Default stems from a Nevada Supreme Court decision found in Rowland v. Lepire, 95 Nev. 639, 600 P.2d 237 (1979). In addition, it comes from lawyer’s Rule of Professional Conduct 3.5A. In the Rowland case, the Nevada Supreme Court stated that a party is required to ask the opposing party’s intent of how they will be proceeding prior to requesting a default. “Generally, one notice of an intent to request a default is sufficient.” Id. Sometimes we give extensions for the other party to Answer. If this happens, another Three Day Notice of Intent to Default will be required in order to move forward with default at that point.
If you have any questions about collections, default, or Three Day Notices of Intent to Default , don’t hesitate to contact Rise Legal – Steve Dixon Law. Our office has handled a variety of collections actions for our clients. We have also defended against collections actions as well. Don’t hesitate to contact us at (702) 329-4911.