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Debt Collection Laws in Nevada
- Fair Debt Collection Practices Act (FDCPA): Like all states, Nevada is governed by the federal FDCPA. This law restricts the behavior and actions of third-party debt collectors and prohibits them from using abusive, unfair, or deceptive practices to collect debts from consumers.
- Nevada Fair Debt Collection Practices Act (NFDCPA): In addition to the federal FDCPA, Nevada has its own laws regarding fair debt collection, which provide additional protections to consumers. These laws apply to both original creditors and third-party debt collectors.
- Licensing Requirements: Collection agencies operating in Nevada must be licensed and bonded. This requirement helps ensure that debt collectors comply with state and federal laws.
- Statute of Limitations: In Nevada, there is a statute of limitations on how long a creditor or collection agency can pursue a debt through the court system. The statute of limitations for written contracts, such as credit card agreements, is generally six years. Keep in mind that this period could change.
- Garnishment: If a debt collector obtains a court judgment against a debtor, they may be able to garnish wages or bank accounts. However, there are limits on how much can be garnished based on federal and state laws.
- Exemptions: Nevada law provides certain exemptions for property that cannot be seized by creditors to satisfy debts. For example, a portion of a debtor’s wages and certain personal property may be exempt from garnishment or seizure.
- Communication: Nevada law, like the FDCPA, limits when and how often a debt collector can contact a debtor. For example, they usually cannot call before 8 a.m. or after 9 p.m., and they must stop contacting a debtor if the debtor requests in writing that they do so (with some exceptions).
- Debt Validation: Under both federal and Nevada state law, consumers have the right to request validation of the debt. This means that the debt collector must provide proof that the consumer actually owes the debt and that the amount is correct.
- Harassment and Misrepresentation: Nevada law prohibits debt collectors from using harassment, oppression, or abuse in connection with the collection of a debt. It also prohibits the use of false, deceptive, or misleading representation in connection with the collection of any debt.
- Penalties for Violations: If a debt collector violates Nevada’s debt collection laws or the FDCPA, consumers may have the right to sue the collector for damages.
In tear 2023, Nevada passed a law called Senate Bill 248 (SB248). This law requires debt collectors to send a written notice to people who owe medical debts 60 days before trying to collect the money. However, collection agencies believe that it was not fair as FDCPA already imposes comparable restrictions and SB248 doesn’t specifically cover their duties when investigating debts. Also, the 60-day notice is not a demand for payment.
Remember that this information might change, and it is always good to check for the most recent legal updates or consult with an attorney who specializes in debt collection laws in Nevada.
In Nevada, both party consent is needed to record calls. A lot of patients who visit hospitals are tourists visiting Las Vegas, Reno, Lake Tahoe and Death Valley and do not pay their medical bills in full. Prompt action is the key to maximizing collections. Therefore accounts for more than 60-90 days should be promptly assigned to a debt collector to avoid loss.