Summary: Nevada has state and federal laws to protect consumers when facing debt collection, including restrictions on deceptive practices and protections under Nevada Revised Statutes and the Fair Debt Collection Practices Act (FDCPA). Nevada’s statute of limitations on debts can also protect you from unfair debt collectors, and you should use it as a defense if facing a debt collection lawsuit. SoloSuit can help you respond to debt collectors in and out of court and settle your debts in Nevada for good.
Being hounded by an unscrupulous debt collector is oftentimes a stressful, anxiety-inducing experience. If you are being pursued by such a debt collector and reside in Nevada, do not fret. There are state and federal legal protections in place designed to assist you when engaging with a debt collector about a delinquent account.
This article provides a comprehensive overview of debt collection laws in Nevada, including laws pertaining to the statute of limitations.
Using deceptive means or representations to collect debts, or sending collection letters that appear to be from government authorities or attorneys.
Attempting to collect interest, charges, fees, or expenses beyond the principal debt, unless authorized by law or agreed upon by the parties.
Assigning or transferring claims without prior written consent from the customer and the Commissioner's approval for bulk assignments.
Operating or soliciting claims from locations other than those listed on their license or specified by the Commissioner.
Harassing a debtor's employer or engaging in any conduct defined as harassment by the Commissioner's regulations.
Advertising or threatening to advertise a debt for sale as a means to enforce payment, except under court order.
Publishing or posting lists of debtors, except for internal purposes related to stockholders or membership.
Operating a debt counseling or prorater service for personal, family, or household debtors who assign earnings or money for debt payment, with an exception for commercial debt collection.
Collecting debts from persons owing fees to certain entities if the collection agency is owned, operated by, or affiliated with the entity.
Another notable feature of Nevada Revised Statutes § 649.370 is that any violation of this state law can also be interpreted as a violation of the federal Fair Debt Collection Practices Act (more on this law below).
Federal laws also protect you
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the practices of debt collectors, legally protecting consumers from abuse, harassment, and unfair treatment in connection to collecting a debt. FDCPA protections include:
Debt collectors cannot call your home late at night or very early in the morning (typically before 8 a.m. or after 9 p.m.).
Debt collectors cannot use abusive, inappropriate, or harassing language during communications. This include profanity and threats.
Debt collectors cannot pursue debt that a consumer does not actually owe.
Debt collectors cannot use any misleading or deceptive tactics while attempting to collect a debt.
Debt collectors must verify that you actually owe a debt upon request.
An important feature of the FDCPA is that if a consumer can provide evidence to a court that a debt collector violated the law, they may be eligible to request monetary damages from the offending debt collector. The FDCPA allows consumers to seek up to $1,000 in damages for violations, and they are not required to demonstrate actual harm to claim this amount.
Additionally, a court has the authority to issue "injunctive relief" if a debt collector is found to have violated the FDCPA. This means the court can order the debt collector to stop specific collection activities, such as communication through phone calls or letters.
The CFPB’s Debt Collection Rule is an additional safeguard from unfair debt collectors
In addition to the consumer protections contained within the FDCPA, the Consumer Financial Protection Bureau (CFPB) recently issued a “Debt Collection Rule” in 2021 that clarifies how debt collectors can communicate and engage with consumers when attempting to collect on a delinquent account.
For example, pursuant to the CFPB’s Debt Collection Rule, a debt collector is prohibited from calling a consumer more than seven times within a seven-day period, or seven days after initially engaging in a phone conversation with a consumer concerning a delinquent account.
In addition, debt collectors are obligated to follow specific rules and guidelines if, or when, they contact a consumer via a social media platform. For example, debt collectors must keep social media messages private and not viewable by the general public or by your friends, contacts, or followers on any particular social media platform.
In addition, a debt collector must affirmatively identify themselves as a debt collector when engaging a consumer on a social media site. Basically, this means if a debt collector attempts to send a consumer a private message requesting to be added as a friend or contact, the debt collector must identify themself as being affiliated with a debt collection agency and/or their role as a debt collector.
Another requirement contained in the CFPB’s Debt Collection Rule is that debt collectors must provide consumers an option for opting out of further communications. Basically, a debt collector must provide a consumer, in each social media message, a way to opt out of receiving further communications from the debt collector via social media.
Nevada’s statute of limitations may be your best defense against debt collectors
The Nevada statute of limitations is four years for credit card debt and six years for debt resulting from medical services, auto loans, student loans, mortgages, and personal loans. This means that debt collectors and creditors only have four to six years to sue you over a debt, typically starting from the date of your last action on an account.
The table below further outlines the statute of limitations on debt in Nevada:
So, if a debt collection lawsuit is filed against you but is beyond the applicable statutory period, then you could get the lawsuit tossed out of court by raising the statute of limitations as an affirmative defense.
However, it is your responsibility to raise the statute of limitations as a defense. The judge will not check the date of your last payment on an account, so it’s up to you to do your research and bring up the expired debt in court.
Settle your debt in Nevada
The surest way to get debt collectors off your back is by paying what you owe. But if you go about this wisely, you can usually settle your debt for a steep discount.
In a debt settlement, you offer your creditor a portion of the total amount due, usually at least 60% of the debt’s value. In exchange for a lump-sum payment, the creditor agrees to drop its legal claims against you and release you from the remaining balance.
Settling your debt helps you avoid a judgment and wage garnishment. You’ll save some money and move on from this challenging experience.
If you decide to settle your obligation, you’ll want to ensure you get the terms of your agreement in writing and pay the creditor before your court date. If you’ve never tried debt settlement before, consider working with a professional organization that will guide you through the process.
To learn more about how to settle a debt in Nevada, check out this video:
SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. Our software helps you send and receive settlement offers until you reach an agreement with the collector. Once an agreement is reached, we’ll help you manage the settlement documentation and transfer your payment to the creditor or debt collector, helping you keep your financial information private and secure.
Debt collection laws in Nevada, and at the federal level passed by Congress, are available to level the proverbial playing field between a consumer and a debt collection agent and/or agency. Here are some key takeaways on this article on debt collection laws in Nevada:
Nevada Revised Statutes 649.375 prohibits certain practices by collection agencies, including using deceptive means to collect debts and attempting to collect unauthorized charges.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides various protections for consumers, such as limiting calls at certain hours, prohibiting abusive language, and ensuring debt verification upon request.
The Consumer Financial Protection Bureau's Debt Collection Rule adds additional safeguards for consumers, including restrictions on communication frequency and guidelines for debt collection through social media platforms.
Nevada's statute of limitations sets a time limit for creditors and debt collectors to sue consumers for debts, providing a strong potential defense if a lawsuit is filed after the statute's expiration.
Debt settlement is a good way to get debt collectors off your back, and SoloSettle can make settling your debt easier.
If you’ve been sued for a debt in Nevada, stand up for your rights and respond to the case with SoloSuit’s Debt Answer form, increasing your chances of winning by up to 7x.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
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