Detailed Answer
In Nevada, an “affidavit of collection” is a sworn statement confirming you’ve followed statutory lien enforcement steps to take possession of personal property without a judicial sale. You use this tool under NRS 108.227 and related sections in NRS Chapter 108. Always confirm the exact chapter and section that applies to your lien type.
1. Identify Your Lien Authority
Ensure you hold a valid lien under Nevada law—for example, a mechanic’s lien, storage lien or agricultural lien. Your underlying contract or statute must grant you the right to take possession of collateral.
2. Serve Notice to the Debtor
Before collecting, you must send written notice to the debtor at least 15 days before taking possession. Include:
- Debtor’s full name and address
- Description of the property
- Amount due or basis for the lien
- Deadline to pay or redeem
This requirement comes from NRS 108.227(3).
3. Take Possession without Breach of the Peace
Under Nevada’s adoption of the Uniform Commercial Code (NRS 104.9602), you may repossess or retake collateral without a court order if you do not breach the peace.
4. Draft the Affidavit of Collection
Your affidavit must include:
- Affiant’s name, title and contact information
- Debtor’s name and last known address
- Detailed description of the collected property
- Reference to the lien agreement or statute
- Date and method of notice to debtor
- Date you took possession
- Statement that possession occurred without breach of the peace
5. Notarize the Affidavit
Sign the affidavit before a Nevada notary public. The notary will verify your identity, witness the signature and affix their seal.
6. File with the County Recorder
If you intend to enforce or preserve your lien rights further, record the notarized affidavit in the county where the property was located within 10 days of collection. See NRS 108.233.
7. Provide Copies to the Debtor
Deliver a copy of the recorded affidavit to the debtor. This ensures transparency and starts any statutory redemption period.
Disclaimer: This article provides general information about Nevada law. It is not legal advice. For guidance tailored to your situation, consult a qualified attorney.
Helpful Hints
- Double-check notice deadlines: missing the 15-day window can void your lien rights.
- Use precise property descriptions (serial numbers, VINs) to avoid disputes.
- Keep copies of all correspondence and filings in your business records.
- Confirm the notary’s commission is current before signing.
- For vehicles, you may also need Nevada DMV forms (e.g., VP 004) to obtain a title release.
- Record with the correct county recorder’s office where the property was located.
- Consult NRS Chapter 108 and NRS Chapter 104 for related provisions on liens and repossession.