108.478 - Action to enforce lien; enforcement of judgment; stay of enforcement pending appeal.

108.478  Action to enforce lien; enforcement of judgment; stay of enforcement pending appeal.

      1.  If the occupant signs, and returns to the owner, the declaration in opposition to the sale, the owner may commence an action in any court of competent jurisdiction to enforce the lien.

      2.  If, after the action to enforce the lien, the owner obtains a judgment against the occupant for the amount of the lien, the owner may enforce the judgment by a sale of the property conducted in a commercially reasonable manner more than 10 days after the notice of the entry of judgment has been filed with the court, unless within that time the occupant pays the amount of the judgment.

      3.  The occupant may stay the enforcement of the judgment pending an appeal by posting with the court which entered the judgment, a bond in an amount equal to 1.5 times the amount of the judgment. If the occupant posts such a bond, the court may order the owner to return the personal property to the occupant.

      (Added to NRS by 1983, 1669)

      NRS 108.4783  Purchaser of property at sale to satisfy lien or enforce judgment takes free of occupant’s interest.  Any person who purchases the personal property in good faith at a sale to satisfy the lien or a sale to enforce a judgment on a lien takes the property free of any interests of the occupant, even though the owner who conducted the sale may have failed to comply with the provisions of NRS 108.473 to 108.4783, inclusive.

      (Added to NRS by 1983, 1669)