v. Longo et al

Filing 85

ORDER Denying without Prejudice 83 Motion for Judgment Debtor Exam of Vito A. Longo. Signed by Magistrate Judge Peggy A. Leen on 8/23/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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OHAN MANOUKIAN, et al.,

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Plaintiffs,
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vs.
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VITO LONGO et al.,
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Defendants. )
__________________________________________)

Case No. 2:09-cv-01334-PMP-PAL
ORDER
(App. Judgment Debtor Exam - Dkt. #83)

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Before the court is Plaintiffs’ Application for Judgment Debtor Examination of Vito A. Longo

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(Dkt. #83). Plaintiffs’ seek an order requiring Longo to appear for a judgment debtor examination to

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answer questions concerning his personal and real property available to satisfy a judgment entered

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against him on April 11, 2011. Plaintiffs represent that Longo made one payment toward satisfaction of

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the judgment, but they have since learned that Longo will not be making any further payments. From

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Clark County Assessor records, Plaintiffs understand Longo owns two parcels of real property in Clark

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County, Nevada. For these reasons, the application seeks an order compelling Longo’s attendance at a

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judgment debtor examination pursuant to the provision of Nevada Revised Statute 21.270.

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NRS 21.270 permits a judgment creditor to take a judgment debtor examination to appear and

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answer questions under oath concerning his or her property at a time and place specified in the order.

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However, the statute is explicit: “No judgment debtor may be required to appear outside the county in

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which he resides.” The application does not state that Longo resides in Clark County, only that he has

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property here. Accordingly,

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IT IS ORDERED Plaintiffs’ Application for Judgment Debtor Examination of Vito A. Longo
(Dkt. #83) is DENIED without prejudice.
Dated this 23rd day of August, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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