NEVADA

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

NRS 11.190

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.

Nevada "BORROWING" statute Nev.Rev.Stat. 11.020

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).

Nevada AB 247 -- HOSPITAL BILLING AND COLLECTING

Regarding hospital billing and collecting procedures, a hospital must not:
Begin collecting from patient until insurance or public assistance has been billed and amount owed by patient has been established.
Collection efforts cannot commence until 30 days after patient has been sent notice of how much he is responsible to pay.
Charge more interest on delinquent accounts than prime rate plus 2%, nor charge any additional fees not assessed by a court.
Commence an action against a person to recover payment more than four years after date on which any payment that is due for the services is not paid.
Assign, sell or transfer its interest in a lien.
NRS Chapters 449, 11; NRS 108.662

COLLECTION AGENCIES

A person may record a telephone conversation with a collection agency after notifying the caller and recording the notification. Consent from the collection agency to be recorded is no longer necessary. If the debt being collected is from a hospital, the collector must provide certain information in writing to the debtor within five days of the call.
NRS Chapter 649