Jennifer Setters

Q. Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

March 13, 2025

A: A lis pendens (or “notice of pending litigation”) is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly to the division of financial assets or joint accounts.

However, since you are dealing with the transfer of assets post-judgment, you may have legal options to prevent further dissipation of marital property, such as:

Post-Judgment Enforcement Actions – If the court has already issued a judgment, you may need to file a motion for contempt or enforcement to compel compliance. Courts have the authority
to freeze accounts or issue wage garnishments to recover improperly transferred assets.

Fraudulent Transfer Claims – If the defendant has transferred assets to avoid execution of the judgment, you may have grounds to file a fraudulent transfer action under the Uniform Fraudulent Transfer Act (UFTA). This could help you recover assets that were improperly moved.

Asset Discovery & Recovery – If you suspect hidden assets, you may request post-judgment discovery, including subpoenas, depositions, or forensic accounting, to trace and reclaim those funds.

Can You File a Lis Pendens?

A lis pendens is typically not applicable to financial accounts or personal property unless real estate is involved in the asset division. If the transferred assets include real property, a lis pendens may be appropriate to prevent further transfers while litigation is pending. However, this depends on the specifics of the case.

Since you are dealing with delayed execution and asset transfers, consulting a family law or asset recovery attorney is strongly recommended. They can assess whether a lis pendens is viable or whether alternative legal remedies, such as an injunction or fraudulent transfer action, would be more effective.

If you need immediate action, filing a motion for enforcement or contempt in family court may be the best course to compel compliance with the judgment.

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Q. How can I clear a wrongful 2013 domestic violence conviction in NV?

March 4, 2025

A: Clearing or removing a prior conviction—especially a domestic violence conviction—in Nevada generally involves a formal legal process such as expungement, record sealing, or seeking a pardon. Nevada law does allow for sealing certain criminal records after meeting specific conditions, which usually include completion of all court-ordered penalties such as fines, classes, and community service.

Given the complexity of your situation and the potential impact on your record, you should strongly consider speaking directly with a qualified criminal defense attorney in Nevada. An attorney can review the specific details of your case, explain your eligibility for sealing or expunging the conviction,
and guide you through the necessary legal steps.

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Q. Does a name discrepancy affect my divorce decree’s validity?

March 3, 2025

A: A minor discrepancy, such as an apostrophe appearing differently in your name between the divorce decree and the marriage certificate, typically would not invalidate your divorce decree, especially if you’ve had no practical issues related to it over the years. Courts generally recognize that minor typographical errors or formatting differences are common and usually do not affect the legal validity of a divorce.

However, because the specifics can vary depending on jurisdiction, and to ensure absolute certainty and peace of mind, it would be advisable to consult a qualified attorney in your area. An attorney can review your documents in detail, advise you on any potential corrective measures
if necessary, and confirm that your divorce decree remains fully valid.

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