Before Saitta, Hardesty and Parraguirre. Opinion by Parraguirre.
In this appeal from a summary judgment decision in an insurance action, the Nevada Supreme Court clarifies that rights of action held by a judgment debtor are subject to execution toward satisfaction of a judgment under NRS 21.080, and may be judicially assigned pursuant to NRS 21.320. In making this determination, the Court first held that so long as a right of action is “property . . . not exempt from execution,” it may be judicially assigned in satisfaction of a judgment. See NRS 21.320. The Court then turned to NRS 21.080(1) to determine whether a right of action is “property . . . exempt from execution.” NRS 21.080(1) provides that “[a]ll goods, chattels, money and other property, real and personal, of the judgment debtor, or any interest therein of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution.” The Court also considered NRS 10.045, which applies to the entire statutory title, including NRS 21.080, and defines personal property as including “money, goods, chattels, things in action and evidences of debt.” Accordingly, based upon the plain language of these statutes, the Court found that rights of action held by a judgment debtor are personal property subject to execution in satisfaction of a judgment. Reversed and remanded for further proceedings. (Amanda C. Yen, Associate in the Las Vegas office of McDonald Carano Wilson)
