Nevada Code § 154.120

Proceedings for recovery of property
Open in Lexace · Ask the AI about this section
1. If, within 6 years after any judgment
escheating property to the State, any person claims any money or property
vested in the State by the judgment, the person may file a petition in the
district court of Carson City, stating the nature of the claim, with an
appropriate request for the relief demanded.
2. A copy of the petition must be served
upon the Attorney General before or at the time of filing. Within 20 days after
service, the Attorney General shall appear in the proceeding and plead or
answer the petition. If, after examining all the facts, the Attorney General is
convinced that the State has no legal defense against the petition, the
Attorney General may, with the consent of the court, confess judgment on behalf
of the State.
3. If judgment is not confessed, the
petition is at issue on the 20th day after its filing, and may be heard by the
court on that day, or at such future day as the court may order.
4. Upon the hearing, the court shall
examine the claim and hear the allegations and evidence. If the court finds
that the person is entitled to any money, it shall, by judgment, order the
State Controller to draw a warrant in favor of the claimant upon the State
Treasurer for the sum specified in the order, but without interest, income or
cost of any kind to the state. A certified copy of the judgment and order
directing the State Controller to draw the warrant for money is a sufficient
voucher to do so.
5. If any property is the subject of the
trial, and the court finds the claimant entitled to it, the court shall enter
an order accordingly. The order divests the interests of the State in or to the
property, but no interest, income or other cost of any kind may be taxed
against the State.
6. If any property has been sold as
provided in this chapter after the judgment of escheat, the petitioner is
entitled to the proceeds of the sale less the cost of the sale without any
interest, income or other cost to the State of any kind, in lieu of the
property, and the court shall enter an order accordingly.
7. All persons, except minors and
incapacitated persons, who fail to appear and file their petitions within the
time limited in subsection 1 are barred forever. Minors and incapacitated
persons may appear and file their petitions at any time within 5 years after
their respective disabilities are removed.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.