Nevada § 576.042 - Civil action for violation of chapter or misrepresentation or fraud; limitation of actions; service of process

§ 576.042. Civil action for violation of chapter or misrepresentation or fraud; limitation of actions; service of process

1. Any: (a) Producer of livestock or farm products or the producer's agent or consignee or

produce vendor; (b) Licensed broker, dealer or commission merchant; or (c) Nonprofit organization or association, including the Nevada Mineral Exhibition,

4-H clubs, the Future Farmers of America, the Nevada Junior Livestock Show, the Nevada

State Livestock Show and the Nevada Hereford Association, who is injured by any violation of the provisions of this chapter, or by any misrepresentations

or fraud on the part of any licensed dealer, broker or commission merchant, may maintain

a civil action against the dealer, broker or commission merchant. If the dealer, broker or commission merchant is licensed, he or she may also maintain

an action against the surety on any bonds, or the money or securities deposited in

lieu of a bond. In such an action against an unlicensed dealer, broker or commission merchant, the

injured person is entitled to treble damages. 2. Any person having a claim pursuant to subsection 1 against any licensed dealer,

broker or commission merchant must begin legal action on any bond, or money or securities

deposited in lieu of a bond, for recovery of the amount claimed to be due within 1

year after the claim has accrued. 3. Pursuant to subsection 4 of NRS 576.030 , process may be served by delivering to the Director duplicate copies of the process

and paying a fee established by regulation of the State Board of Agriculture. The service upon the Director shall be deemed service upon the dealer, broker or

commission merchant. The Director shall forward one copy of the process by registered mail prepaid to

the defendant dealer, broker or commission merchant, specifying the day and hour of

service. The return receipt of the defendant is prima facie evidence of the completion of

service. If service of summons is made upon the Director in accordance with the provisions

of this subsection, the period within which the defendant must appear is extended

10 days. The provisions of this subsection are not exclusive, but if a defendant dealer,

broker or commission merchant is found within the State of Nevada, he or she must

be served with process in the State of Nevada.