Summary judgment: Filing certificate; where to be filed; contents; entry of judgment.
1. In addition to or independently of the remedy by civil action provided in NRS 612.625, the Administrator, or his authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this chapter 15 days’ notice by registered or certified mail, addressed to his last known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business, or if there is no such principal place of business, then in Carson City, a certificate, which need not be verified, but which must specify the amount of contribution, interest and forfeit due, the name and last known place of business of the employer liable for the same, and which must contain a statement that the Unemployment Compensation Service has complied with all the provisions of this chapter in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest and forfeit set forth in the certificate.
2. Within the 15-day period, the employer may pay the amount specified in such notice, under protest, to the Administrator, and thereupon has the right to initiate, within 60 days following such payment, and to maintain his action against the Unemployment Compensation Service for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid. Such an action by the employer must be commenced and maintained in the district court in the county wherein is located the principal place of business of the employer. In the event of entry of judgment for the employer, the Unemployment Compensation Service shall promptly refund such sum without interest as may be determined by the court.
3. If no such payment under protest is made as provided in subsection 2, upon filing the certificate as provided in subsection 1, the clerk of the district court shall immediately enter a judgment in favor of the Unemployment Compensation Service and against the employer in the amount of the contributions, interest and forfeit set forth in the certificate.
Last modified: February 25, 2006