A recent report from USA Today showed that there are 17,701 American consumers who complained against debt collectors’ inappropriate practices, including seeking payment for paid debts, making threats, incessant calls, contacting employers, collecting debts that are not owed, and filing lawsuits for unenforceable debts, among others.
These are all in violation of the Fair Debt Collection Practices Act (FDCPA) thus the right of these consumers to complain. The report also indicated that the highest rate of complaints originated from Nevada, with a ratio of 11.4 complaints for every 100,000 residents.
Just as the other states in the country, Nevada fully implements the FDCPA. As a complement to this federal Act, Nevada enforces other debt collection statutes that require debt collectors to pay a bond and obtain a license to be able to legally collect debts.
With the proliferation of scams relating to debt collection, it is important that you determine if the collecting agency after you is legitimate.
One of the techniques used by debt collectors to force borrowers to pay is the court system. They will threaten you with lawsuits or imposition of judgment, thus adding unnecessary stress and anxiety. Besides the fact that these practices are prohibited by the FDCPA, you should also be aware that debts have statutes of limitations beyond which you will no longer be sued.
In Nevada, the following statutes of limitations for the corresponding consumer debts apply:
- Promissory notes – 4 years
- Credit card debts – 4 years
- Collection of debt on account – 4 years
- Contracts – 6 years for written; 4 years for oral
- Judgment – 6 years
Beyond the statute of limitation of your debt, the creditor may no longer file a lawsuit against you. And as shown, even a judgment from a lawsuit has its own statute of limitation. This means a creditor who wins a lawsuit against you have 6 years to collect or enforce judgment.
However, they have ways to re-activate such judgments. It is best to seek advice from a Nevada FDCPA attorney to inform you about the law as it applies to your situation.
Consult with an FDCPA Attorney in Nevada
If you come across unscrupulous collecting agencies, let the law go after them. You need not take their bullying sitting down. You can easily acquire the help of an FDCPA attorney in Nevada who can be the one to handle them.
A simple letter to your debt collector informing him about having a Nevada FDCPA attorney will impel him to stop contacting you but your attorney instead. Through your attorney, you may also file civil charges against the collecting agency and should you win a case, be possibly awarded with the following by the court:
- Recovery of actual damages;
- Recovery of legal and attorneys’ fees;
- Additional damages of up to $1,000;
- Damages for emotional distress;
As a Nevada resident, whether you live in Las Vegas, Reno or in small cities like Wells and Caliente, you are protected by the FDCPA and the local collection statutes of Nevada. Seek the assistance of a Nevada FDCPA attorney to make sure you do everything according to the law.
Get a Free Evaluation Today
Information is your best weapon against a predatory debt collector. If you know the law, you can invoke your rights. Get a Free Evaluation now and be appropriately informed. An FDCPA attorney in Nevada will be referred to you once you decide if a claim for damages against a debt collector is the good path to take.