An old judgement from Colorado was filed against our home in Las Vegas, Nevada as a lien against the title, it's been 7 years. The collection agency never presented us with court documents or notification prior to the lien. It is my understanding the foreign judgement may not have been filed in accordance with legal guidelines related to domesticating a foreign judgement. How may we determine this lien is invalid? And, how may it be removed and prevent the collection agency from re-filing a lien against the title of our home again? As a side note, we had a Homestead filed and on record prior to the collection agency recording the judgement lien against our home.

Thank you.

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... the foreign judgement may not have been filed in accordance with legal guidelines related to domesticating a foreign judgement. How may we determine this lien is invalid?.

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In what way was the filing improper?

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... And, how may it be removed and prevent the collection agency from re-filing a lien against the title of our home again?.

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File suit to have the lien declared invalid. But, assuming that happens, couldn't the collection agency simply re-flie, properly, next time?

"In what way was the filing improper?"
"...But, assuming that happens, couldn't the collection agency simply re-flie, properly, next time?"

This is my question for someone experienced in this area and understands the process and help determine whether a Judgement from one state was filed correctly in another state. Someone licensed in the state of Nevada with knowledge of the statute of limitations and legal process involved for a collection agency to properly file a Foreign Judgement.

I appreciate the response but your questions offer little direction towards options or resolution to our situation.

Thank you.

First, Statute of Limitations nor longer applies. SOL refers to the time the creditor has to file the original suit. However a judgment doesn't last forever. It lasts for 10 years but can be renewed for another 10. But even that is misleading. Since the lien was filed, the lien remains in effect until satisfied or removed.

As AK pointed out, even if you do show it was filed improperly, they can just refile the lien properly. Bottom line, if the judgment was obtained properly, you are probably not going to get rid of the lien.

Looks like I need to contact a Real Estate Attorney to determine if the judgement from Colorado was filed here in Nevada in accordance with the "Uniform Enforcement of Foreign Judgments Act"; since no one has touched on this.

Or the other part of my question relating to whether the Homestead Act of Nevada protects from such liens attaching to the title.

Thanks.

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Originally Posted by HJM1031

Looks like I need to contact a Real Estate Attorney to determine if the judgement from Colorado was filed here in Nevada in accordance with the "Uniform Enforcement of Foreign Judgments Act"; since no one has touched on this.
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Since you have asked for "someone licensed in the state of Nevada", and since you have refused to give the needed details to enable us to determine whether it was filed properly, yes, probalby so.