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Browse our 1 legal question about Debt & Collection in United States and the lawyer answers, or ask your own questions for free.
Debt and collection law in Reno, United States is primarily governed by the federal government but there are local laws that impact debt collection activities and practices as well. The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides protection against abusive, unfair, or deceptive practices by debt collectors. Nevada's laws on debt and collection complement the FDCPA and can provide additional protection for consumers. For instance, there are specific rules regarding how and when a debt collector can contact a debtor.
You may need a lawyer in situations such as: understanding the debt collection process; investigating whether a debt collector has violated laws; if a debt collector is harassing you; if you're considering bankruptcy; or if a lawsuit has been filed against you regarding a debt. A lawyer's guidance could also be beneficial in situations where you're negotiating a settlement with a creditor or determining whether a debt is valid and within the statute of limitations.
Nevada state laws on debt collection require certain disclosures from debt collectors, limit the ways they can communicate with consumers, and provide several defenses to consumers who are sued over a debt. For instance, Nevada law NRS 649.370 requires debt collectors to cease communication if the consumer submits a written request. Furthermore, in Nevada, the statute of limitations for most types of consumer debt is six years, according to NRS 11.190. This means that after six years, a debt is usually "time-barred" and can't be collected through a lawsuit.
Under FDCPA and Nevada law, a debt collector may not contact you before 8 a.m. or after 9 p.m. unless you give them permission to do so.
No, in Nevada, if the statute of limitations has passed, a debt collector cannot sue you to collect the debt.
Yes, but only if they first obtain a court judgment indicating you owe the debt. Without a judgment, a debt collector generally isn't permitted to garnish wages.
Under federal law, a debt collector can only contact others to find out your address, your home phone number, and where you work, but usually can't reveal that you owe a debt.
If a debt collector has violated the law, you have the right to sue in a state or federal court. Consider consulting with a lawyer to understand your options.
For additional help or resources on debt and collection laws, you can contact organizations like the Legal Aid Center of Southern Nevada or refer to online resources such as the Nevada Attorney General's website or the Consumer Financial Protection Bureau website.
If you believe you're in need of legal assistance in dealing with debt collection issues, consider consulting with an attorney who specializes in consumer law. This professional can help you understand your rights, determine whether a violation has occurred and guide you through the legal process if necessary. Remember, don’t ignore any legal notices or proceedings, as this can have serious repercussions on your case and credit history.
