December 01, 2021
Summary: Are you being sued for an old debt in Nevada? Find out how to answer a summons for debt collection in Nevada fast!
Being sued for debt is never fun for anyone. Unfortunately, it is common because millions of Americans are suffering from debt. If you cannot pay all of your debts you may need to decide which debts you want to prioritize. Even if you know that you are in default, it is never a happy day when a debt collection lawsuit is served to you.
If you have been served with a debt collection lawsuit it will usually come in the form of a summons and complaint. In this situation you are considered the defendant in a case, and you have responsibilities to attend to.
If you have never been sued before then you may not know what to expect. Most likely, you aren't planning to hire an attorney if you are already in debt. The best thing to do is to educate yourself on your rights and respond to the summons properly.
In the state of Nevada, you must prepare, file, and serve an Answer in response to the complaint. This is how to answer a summons for debt collection in Nevada.
In Nevada you have 20 days to file an Answer with the court after you have been served with a debt collection lawsuit. This lawsuit will include the “Summons and Complaint” which is essentially an explanation of what you are being sued for, and when you need to appear in court.
Being “served” with a lawsuit is in reference to how you were given the notification of a lawsuit. This might be in person by a process server or through the mail. In the stack of paperwork you will receive information about when you need to reply by, and how to file your answer. It is essential that you respond to the deadline because it will be enforced. If you do not respond by the 20-day deadline, you will be given an automatic judgment.
Filing the answer is the same as filing a formal reply to the court. You will also need to send a copy to the attorney of the debt collector or creditor who is suing you.
The Complaint will have various numbered paragraphs. In your answer you will need to reply to each paragraph or allegation in the complaint. You can either admit or deny responsibility. If you deny it, you can do so because you feel you do not have enough information to be able to admit it.
When it comes to a debt collection case you may find anywhere from 10 to 30 paragraphs. You can respond to each paragraph differently. Be aware that you have 20 days to respond to the summons and complaint. If you do not file an Answer, you will then have a default judgment placed against you. This can lead to the creditor or debt collector being able to garnish your wages or take money directly from your bank account.
The best way to respond to a debt collection lawsuit is to deny everything. You can ask the debt collector to prove your side instead.
Affirmative defenses are those which are reasons why you believe the opposing side does not have a case against you. When you respond in the Answer you will need to list your affirmative defenses. After you respond you can no longer bring them up. Common affirmative defenses include:
It is good to note that being unable to pay a debt is not a defense to a debt lawsuit if you signed a contract stating you would pay it back.
After the Answer has been created, you have responded fully, and clarified your affirmative defenses, you can officially file your answer with the court. If you do not file it properly then it will be a waste of your time.
How to file your answer:
You should find the address for the attorney on the Summons and Complaint you received in the mail. You will also need to pay a filing fee that may be anywhere from $80 to $192.
The statute of limitations on debt is a limit for how long you can be sued for a debt. It is one of the best affirmative defenses to a debt collection lawsuit. If the statute of limitations has expired it means that you can no longer be sued for debt. You will still owe the debt, but you cannot have a default judgment be placed against you.
In Nevada when a debt is based on a verbal contract, there is a statute of limitations of four years. For written contracts, there is a statute of limitations of six years.
When it comes to Promissory Notes, which are written and signed promises to make payment for a specific amount of money at a certain time, there is a statute of limitation of three years. Loans are a type of promissory note. Accounts such as credit cards, are considered open-ended accounts and have a four-year statute of limitations.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.