George Simons | December 02, 2022
Summary: Are you being sued for an old debt in Nevada? Find out how to make a defense using the statute of limitations.
Every state has its statute of limitations on different types of debts or debt collection scenarios. If you've been sued over debt in Nevada, it's important to know your rights. This information will help you submit the most suitable answer to the lawsuit.
In this article, we'll discuss:
If you fall behind in paying your debts, whether a credit card debt or a personal loan, the lender will try to contact you about it. In Nevada, the debt collection exercise is guided by several laws enforced by the state and Federal governments.
The Fair Debt Collection Practices Act (FDCPA) provides debt collection guidelines collectors must follow. These laws protect the consumer from abusive and aggressive debt collection exercises.
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Nevada laws allow the debt collector to use certain means to collect delinquent debts. A lawsuit is usually the final resort after other collection attempts have failed. The debt collector can call to remind you of the outstanding debt or invite you to negotiate a debt repayment plan.
Other debt collection means permitted by Nevada laws include wage garnishment, property lien, account levy, and seizure of personal property. But before applying these remedies, the debt collector must first win a debt collection lawsuit against you.
The statute of limitations is the period within which a debt collector can sue you for a delinquent debt. After this time has elapsed, the debt collector can't file a lawsuit against you. However, that doesn't stop them from pursuing you out of court to try and collect what you supposedly owe.
The statute of limitations is enforced differently, depending on the type of debt. For example, in Nevada, debts fall under two categories: open-ended and written contracts. In summary, all open-ended debts have a statute of limitation of four years and six years for written contracts. For state tax debts, the statute of limitation is ten years.
Nevada Statute of Limitations
Deadline in Years
Debt on Account
A good example of an open account debt is a credit card debt that typically has a statute of limitation of four years. However, if the credit card debt has a written application or agreement, the statute of limitation on the credit card debt will change to six years. The credit card debt can also be classified as a written contract if it states that the borrower entered such an agreement by signing the terms and conditions of the debt.
There are situations where these statutes of limitations may conflict. In such a case, the court may apply the statute of limitation with the longer term.
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In Nevada, the clock starts ticking from the time of the last transaction, the last credit given, or the last item charged on the debt account. That's when the lender will try to reach you for collection and may do so for several months.
The lender may also decide to forward your account to a debt collection company whose job is to use all means legally acceptable to recoup the debt.
As a result, you may receive calls and letters from the debt collection agency informing you of the delinquent debt. However, the collector's practices are also regulated to protect you from abuse. For example, the collector cannot publicly shame you or use profane language and threats while contacting you. Otherwise, you can file a lawsuit against them, citing unfair debt collection practices.
Yes, the statute of limitation clock can start all over again when you make any payments to the account, even after a long time. The clock may also restart if you acknowledge the debt and agree to pay or make any charge on the account.
However, if you don't pay the debt and the statute of limitations runs out, it will become time-barred. That means that the debt collector won't be able to sue you for the debt, but you'll still be obliged to pay the debt.
Sometimes, the debt collector may still try to file a lawsuit against you for a time-barred debt. In that case, it's never a great idea to ignore such a lawsuit as it may lead to a possible default judgment against you. In addition, such a judgment may lead to a wage garnishment order allowing the collector to garnish a certain percentage of your wages for a particular period or until the debt is settled.
Therefore, you must answer the summons on time to stand a chance of a fair hearing. You can use the time-barred debt status as a defense against the lawsuit. All you need to do is gather evidence showing the debt is time-barred, prepare your answer, and respond to the lawsuit on time.
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
You have 20 days to answer a debt collection summons in Nevada. Here's how to prepare your answer.
Most states have a 30 day period within which defendants should file their answer to a debt collection summons. Unfortunately, 20 days (or even 30) might not be enough to learn everything you need to know about filing an answer to a debt collection summons.
This is where SoloSuit presents an easier, faster, and affordable alternative to file an answer to a debt collection summons. All you need to do is provide the required information; the web app will create an answer document for you.
Then, you can either print the answer and mail it to the court and plaintiff or pay a small fee to have a SoloSuit attorney review it first. If you choose the latter, SoloSuit will send the answer to the court and a copy to the plaintiff on your behalf, saving you lots of time and money in the process.
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
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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.
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Going to Court for Credit Card Debt — Key Tips
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Need more info on statutes of limitations? Read our 50-state guide.
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