NEVADA STATUTE OF LIMITATIONS
OPEN ACCOUNTS: 4 YEARS
UCC GOODS/SERVICES:4 YEARS
WRITTEN CLOSED END CONTRACTS: 6 YEARS
ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY
Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of a citizen thereof who has held the cause of action from the time it accrued.
(USE THIS #"Civ. Code §1788.10-30" FOR SOL LETTER)
2. Liability for unfair debt collection practices
A. Persons liable for violations
An attorney who collects consumers' debts while engaged in the practice of law (i.e., not operating a debt collection agency) is subject to state bar disciplinary action for collection abuses and may be liable under the Federal Fair Debt Collection Practices Act, 15 U.S.C. §§1692a-1692o.
The state FDCPA excludes attorneys from its definition of debt collectors, but includes paralegal and other law firm staff. Civ. Code §1788.2(c); The state bar requires that law firms and their employees comply with the state FDCPA, and subjects those who do not to disciplinary penalties. Bus. & Prof. Code §6077.5(I).
B. Prohibited debt collector activities under the state act
The state FDCPA prohibits debt collectors from threatening or harassing consumer debtors, limits their communications with debtors and others, and bars them from making false or misleading representations. Civ. Code §§1788.10-1788.13. It also prohibits acts that abuse the judicial process or disregard the attorney-client relationship. Civ. Code §§1788.14-1788.16.
The state FDCPA prohibits a debt collector from falsely representing that attorney fees, investigation fees, finance fees, or other fees may be added to the amount due. Civ. Code §1788.13(e).
The state FDCA also provides that a false representation that a legal proceeding will be filed unless the debt is paid violates that act. Civ. Code §1788.13(j).
The state FDCA prohibits a debt collector from using any judicial proceeding to collect a debt when the collector knows that service of process essential for jurisdiction has not been legally made. Civ. Code §1788.15(a).
C. Damages under the state act
A debt collector who violates the state FDCPA is liable for the debtor's actual damages, and may also be liable for statutory penalties. Civ. Code §1788.30 (a), (b). If the debtor prevails, she is entitled to collect reasonable attorney's fees and court costs. Civ. Code §1788.30(c).
D.The remedies available are cumulative, and exist in addition to any other provision of law. Civ. Code §1688.32. Thus, a state FDCPA action will not preclude a federal FDCPA action or an independent tort action. The statute of limitations is one year from the date of the violation. Civ. Code §1788.30(g).