I was a victim of a DUI driver in California and was awarded a criminal restitution judgement in 2009. Both myself and the Def live in Nevada however the accident happened in Calif. The Def was current and paying the restitution until he completed his probation in Oct of 2011. Since that time the Def has not made any payments as the State of Calif is not responsible for handling the debt collection anymore after probation. I was told to file a transfer of the sister judgement to the State of Nevada so that I can collect on the remaining restitution owed. I am having difficulty obtaining the necessary documents from the court in Calif that make the judgement valid in Nevada ( Exlempifcation, cover letter, etc). I am told I need to hire a lawyer in Reno, Nv to assist me in filing the order but what type of laywer do I need? A collection lawyer?
To make matters worse, the Calif probation officer failed to do his job and provide a copy of the Def's statement of assets. He said he shredded it prior to sending me a copy which by law, I am suppose to receive. I would like to file a complaint regarding what has happened but I have no idea who to contact.
Any assistance would be appreciated regarding what type of lawyer I should hire and any other suggestions that would help me in my situation.
1 Answer from Attorneys
You need to domesticate the judgment in Nevada (See NRS 17.330, et seq). Once you have a judgment in Nevada, you'll theoretically be able to compel the debtor to disclose assets, income, etc. through civil collection proceedings. It might take some time and work to actually realize money from your judgment, but the one thing you have going for you is that the judgment is probably not dischargeable in bankruptcy. As it might take a while to get paid, make sure that neither your California nor Nevada judgment expires. Also, your judgment accrues interest (probably 10%) in the meantime.