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How to Answer a Summons for Debt Collection in Nevada (2024 Guide)

George Simons | June 28, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: If you've been sued in Nevada, you have 20 days to respond to a debt lawsuit by filling a written Answer document. In your Answer, you should respond to each claim against you and assert your affirmative defenses. Responding before the deadline will help you avoid losing by default judgment. SoloSuit can help you draft and file an Answer to a Nevada debt lawsuit in minutes.

Finding out that you're being sued for debt collection can be pretty stressful. It's likely that you're already working really hard to keep up with paying your bills and struggling to make ends meet. The idea of facing a lawsuit on your own may feel like too much to take. Ideally you'd want to get legal help, but if you have money to hire an attorney you probably wouldn't have fallen this far behind in the first place. Under these circumstances it may feel really tempting to ignore the lawsuit altogether, but as you'll learn below that's the worst thing you can do.

This article can help make the process of responding to a lawsuit on your own a little easier and less intimidating, by walking you through the process of responding to a debt collection lawsuit in Nevada. This will include information specific to filing in Nevada, including specific Nevada deadlines and forms.

Respond to a Summons in Nevada.

Sued for debt in Nevada? SoloSuit can help you file an Answer into your case before the 20-day deadline.

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Table of Contents

Respond to your debt lawsuit before Nevada's deadline

In Nevada, you have 20 days to respond to a debt lawsuit, according to Rule 12 of Nevada Justice Court's Rules of Civil Procedure.

If you don't respond during the allowed timeframe, then the Court can issue something called a default judgment against you. This means that because you did not respond you have been found responsible for the debt as laid out in the Complaint. The plaintiff can now get a Court Order stating this that they can use to garnish your paycheck to collect the money; garnishment removes money from your paycheck before you even see it.

Chances are, that would put you in a worse financial position than you started in, plus you will have lost the opportunity to contest anything in the Complaint, like the amount owed or even if you owe it. So, the single most important thing you can do when served with a lawsuit is to respond by filing an Answer before the deadline to avoid a default judgment.

Note that, if your case is in the Nevada Supreme Court, the deadline is 21 days. However, most debt lawsuits are under the jurisdication of Nevada Justice Courts or District Courts.

Use a Nevada Answer to Summons forms to draft your response

SoloSuit's Answer form takes minutes to fill out online and includes all the proper legal formatting, wording, and defenses you might need to fight your debt lawsuit in Nevada. The SoloSuit software can help you draft a personalized Answer to your case. All you have to do is respond to a series of questoins regarding your case, and it will generate an automatic response for you.

Alternatively, you will find the state's general answer form for civil lawsuits like debt collection cases below. Please note that the form is slightly different depending on which court's jurisdiction you are under. In Nevada District courts have general jurisdiction over all legal disputes, however, Justice Court handles civil matters involving amounts under $10,000. The good news here is that you don't need to figure out which one to use, because the plaintiff already did. You can determine which Answer form to use by looking at which Court is written in the caption of your Summons and Complaint. Use it to respond to the Summons and Complaint.

Nevada courts charge an Answer filing fee

Nevada courts charge a fee to file your Answer. While most courts charge $71 to file an Answer to a debt lawsuit, it depends on the court. Filing fees range anywhere from $33 to $238.

SoloSuit calculates the filing fee for you, and has a database of hundreds of Nevada courts and the fees they charge. SoloSuit can help you file an Answer into your case and has experience doing so in courts throughout the state of Nevada.

If you cannot afford to pay the filing fee, you can fill out a Nevada fee waiver application. SoloSuit can also submit your fee waive application along with your Answer.

Follow these steps to respond to a debt collection case in Nevada

A lawsuit begins when one party files a Summons and Complaint against you. The filer (or “plaintiff”) files these documents with the court to seek a legal finding against you that you are responsible for the debt listed in the paperwork and obligated to pay it. The plaintiff is usually not your original creditor, rather a third party debt collection company that purchased the debt for pennies on the dollar from the original creditor.

You can respond to the lawsuit by either filing a Motion or an Answer document. Generally speaking an Answer is sufficient most of the time. Motions can get complicated and are best left to attorneys.

To respond, you should create an Answer document with the necessary information and in the proper format. You'll need to include details including your personal information, the plaintiff's information, the Courts information, and the case information. With the possible exception of your personal information you can find all of this information in the Summons and Complaint that you received. As Nevada provides forms for your use, getting the information into the proper format is relatively straightforward. SoloSuit's Answer form also makes the formatting process easier.

If you fail to respond within that 20-day (or less) period, the plaintiff will automatically win and receive a default judgment against you. Obviously we want to avoid that outcome, which you can do by completing the steps below:

  1. Answer each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. File the Answer document with the court and serve the plaintiff with a copy.

We will go over each step in detail below. Don't like reading? Check out this video instead:

SoloSuit can help you collect the relevant information and format on your behalf.

1. Answer each claim listed in the Complaint

The Complaint document lists all the specific claims against you, and in your Answer document, you should address each one. You can admit, deny, or deny due to lack of knowledge. If you use SoloSuit, our software will walk you through responding properly to each and every paragraph.

Note that most attorneys recommend denying as many claims as possible, which will force the plaintiff to prove their claims. If they can't, they mgith just have to dismiss the case.

If you are using the Nevada forms the format is fairly basic, and is the same on both the District Court Answer Form and Judicial Court Answer Form.

For any paragraphs that you admit, you would list those numerically under paragraph 1 on the Answer document. For any paragraphs that you deny, you would list those numerically under paragraph 2 on the Answer document.

For any paragraphs that you feel you do not have sufficient knowledge or information to determine if it is true you would list those numerically under paragraph 3 on the Answer document, which then functions as another denial. Make certain to cross-check against the Complaint to make certain that you are referring to the proper numbers for the paragraphs.

Under paragraph 4, you can take the opportunity to answer any paragraphs that don't fit neatly into the first three. For example, maybe you admit part of the allegations in a specific allegation but deny others (such as admitting you owe a debt but disputing the amount.) This also gives you the opportunity to bring in additional facts as needed.

2. Assert your affirmative defenses

The next step is for you to assert your affirmative defenses. Affirmative defenses are any arguments that you can make as to why the plaintiff doesn't have a case. If you are using the Nevada court forms you can simply check any and all affirmative defenses listed that apply.

It's likely that the affirmative defenses listed are not immediately clear, as they are using specific legal terms. You can find a summary of brief definitions for all of the possible affirmative defenses on page 5 of the instructions for either District or Justice court. Please note, however, that these definitions are not comprehensive, for more complicated scenarios it is best to seek legal advice from an attorney.

Below we will offer explanations for some of the most commonly used affirmative defenses:

  • Accord and satisfaction -refers to a situation where the parties already reached a new agreement about the issue. For example, perhaps you and your creditor had an agreement to pay less than the total debt owed in full satisfaction of the debt.
  • Discharge in bankruptcy - if you previously filed a bankruptcy case that resulted in discharge and included this debt, you are no longer legally obligated to pay it. This can come up frequently as third party collection agencies don't always check if the debt was discharged in bankruptcy.
  • Payment - This can be used if you have already paid the debt at issue. Here if you have documentation to support this you can attach it for the court to review.
  • Statute of Limitations - a statute of limitations refers to the amount of time that one party has to bring a legal action against another. We will discuss in more detail below the statute of limitations for debt collection in Nevada which can range from three to ten years, depending on the type of debt. If the lawsuit against you is outside of these limits, this defense can stop the plaintiff from getting a court order against you.

SoloSuit can show you all of the available affirmative defenses and how to determine which apply to you.

Beyond affirmative defenses, you also have the opportunity to assert additional potential defenses, sometimes referred to as counterclaims. Please keep in mind, however, that this can get much more complicated despite having a form to fill in. If you believe that you have viable counterclaims it is best to seek assistance from an attorney who practices in this area of law.

Potential defenses would be appropriate in the event that the plaintiff violated Nevada debt collection laws. The laws are very much in line with the federal Fair Debt Collection Practices Act (FDCPA) which protects consumers from harassment and threats by debt collection agencies.

Nevada enacted the Nevada fair debt collection practices act which incorporates the FDCPA under the Nevada Revised Statutes (N.R.S. § 649.370), such that any violation of the FDCPA is also a violation of Nevada debt collection law. Additionally, Nevada has detailed regulations regarding how a debt collector may attempt to collect pursuant to fair debt collection practices act in Nevada.

3. File the Answer document with the court and serve the plaintiff with a copy

Once you've completed the paperwork for your Answer don't neglect to take the final step and file the Answer with the court. This involves a few key steps:

  • Print at least two copies of your Answer. If you can print a third one for your records that is always a good idea.
  • Mail one copy to the Court
  • Mail one copy to the plaintiff's attorney

If you are using the Nevada court forms, be certain to fill out the “Certificate of Mailing” at the end of the form. This can serve as official service of your response within the 20 day time period.

SoloSuit files the paperwork for you, so you know all the steps are covered.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Settle your debt lawsuit in Nevada

Debt settlement has helped countless Nevada consumers get their debt situation in order. Many borrowers have been able to clear debts without paying the original amount but after explaining their situation to creditors. This move has prevented many from receiving a garnishment order. Here are the three steps to take when you have been sued and want to settle the debt:

Settle with SoloSettle

Make an Offer

Step 1: Respond to the lawsuit

The lawsuit you receive from the debt collector has a Summons and Complaint document. In the Complaint document, you must answer the allegations the creditor has listed against you. The next section is where you will list your affirmative defenses, explaining why you are not responsible for the debt or why you should not pay it as it is. You have 20 days to respond to the lawsuit in Nevada. If you miss the deadline, the creditor might receive a default judgment.

Step 2: Approach the creditor and make an offer

Once you send the answer, assess your financial situation to quantify the money you have to make a lump sum payment. Next, approach the creditor with a settlement offer. Ensure the amount you quote is lower than the total amount you can offer so that you leave room for negotiations. But do not accept to commit to an amount you know you will struggle to pay and further escalate the problem. You must also give valid reasons why you cannot pay the entire amount. Note that the creditors may do their own investigations to confirm your story.

Step 3: Get the settlement deal in writing

Debt collectors are known to go back on their word after agreeing to accept a lower amount. So, get the debt settlement agreement in writing for future reference and to let them know you have evidence in case they still want to continue with the lawsuit or file a new one later.

As you seek to settle your debt, you need to use a reputable debt settlement company that will not cause you more harm than good. For example, SoloSettle is an online app that helps you negotiate with creditors and debt collectors, work out a settlement agreement, and pay collectors without sharing your personal financial information. The app allows you to take charge of the negotiation process, unlike other companies that take over the process. You are also not required to stop making payments, which has a negative effect on your credit score.

Watch the following video to learn more about these 3 steps to settle debt in Nevada:

Consumers enjoy protections from debt collection laws in Nevada

Nevada protects its residents from unscrupulous debt collection practices using the Fair Debt Collection Practices Act (FDCPA) and the Nevada revised statutes. These debt collection laws outline how debt collectors should treat consumers. For instance, the Nevada Revised Statutes 649.375 outlines the following laws stating that debt collectors should not:

  • Use deceptive language or false representation when collecting debt.
  • Attempt to collect fees, charges, and interests beyond the principal debt— unless the law or the agreement you signed permits it.
  • Transfer or assign a debt or claim without written consent and approval from the commissioner’s office.
  • Collect or operate in locations they are not licensed in.
  • Engage in activities that qualify as harassment.
  • Advertise or threaten to advertise your debt as a way of forcing you to make payments.
  • Post or publish your debt unless it is for internal purposes related to membership or stakeholders.

The Fair Debt Collection Practices Act is a nationwide guideline regulating debt collectors from carrying out unfair business practices. Nevada takes these laws seriously and often penalizes debt collectors for violating any of the following clauses:

  • Calling you weird hours of the night or very early in the morning.
  • Using abusive and inappropriate language when communicating with you.
  • Threatening you with a lawsuit or taking crucial documents to force you to pay.
  • Pursuing a debt you do not owe and failing to verify the debt.
  • Using deceptive and misleading tactics while attempting to collect.
  • Fainting to stop all communication after sending a cease and desist letter.

If you experience a violation of your consumer rights in any of the above clauses, you can report the debt collector to the Consumer Financial Protection Bureau (CFPB), Fair Trade Commission, and Nevada's attorney general’s office. If the matter goes to court, you can seek up to $1000 in damages if you provide evidence of the violations.

Nevada’s statute of limitation on debt is a law you can use when a debt collector attempts to collect an expired debt. Let’s take a closer look at the specific Nevada statutes on debt collection.

In Nevada, the statute of limitation on credit card debt is four years, while those for auto loans, student loans, mortgages, medical bills, and personal loans are six years. The clock typically starts from the last date you paid any amount on your debt. So, before paying a debt you have been sued for and had forgotten about, check the last date you took action on the account and calculate to see if the creditor had the right to sue you.

The statute of limitations on debt in Nevada can protect you

The statute of limitations on debt sets a deadline for creditors and debt collectors to sue over a debt. If your debt is past the statute of limitations, they will have no case against you, and you can use it as an affirmative defense in your case. Typically, this will result in a case dismissal, meaning you're off the hook.

The statute of limitations on debt in Nevada varies depending on the type of debt.

For example, the Nevada statute of limitations on credit card debt is four years, and it is six years for medical, student loan, auto loan, mortgage, and personal loan debt. This means that a creditors and debt collectors only have four years to sue on credit card debt and six years for the other types of debt, usually starting from the date of the last action on the account.

The table below further outlines the statute of limitations on different types of debt in Nevada:

Statute of Limitations on Debt in Nevada

Debt Type Deadline in Years
Credit Card 4 years
Medical 6 years
Student Loan 6 years
Auto Loan 6 years
Mortgage 6 years
Personal Loan 6 years
Judgment 6 years
Nev. Rev. Stat. § 11.190

So, before you take any action when debt collectors come calling, check the statute of limitations on your debt account.

Stop Wage Garnishment in Nevada

Maybe your debt was within the statute of limitations and a judgment in the case has lead to wage garnishment. If that's the case for you, there are still ways to reverse the garnishment.

In Nevada, creditors are permitted to garnish your wages after winning a lawsuit, and the judge gives them the go-ahead (“order” in legal terms) to take a certain percentage. Nevada law NV Rev Stat § 31.295 sets the limit to 25% of a borrower's disposable earnings. However, they can only take 18% for earnings less than $770. The following are the various ways you can stop wage garnishment in Nevada or prevent it before it happens:

Object to the garnishment order

The debt collector will send a garnishment order once they finalize the court process. If you believe you have a winning chance, file an objection to the garnishment order, and you may receive a formal hearing. Reasons you can use to object are:

  • The creditor wants to take excess money.
  • The creditor failed to follow the correct procedure.
  • You already paid the debt.
  • A situation of identity theft or the names have been confused with another debtor.

File a claim of exemption

In this situation, you are requesting the court to exempt a part of your income from being garnished. You must provide evidence such as tax return records, bank statements, pay slips, and receipts. Afterward, a court hearing date will be communicated, and you must appear to support your claim.

Negotiate and settle the debt

A creditor may be reluctant to negotiate, given they’re getting their money via wage garnishment. However, they are often willing to negotiate for a lump sum payment. As you approach them, ensure you have enough money to pay about 60%--80% of the pending debt. Start negotiating at a lower amount and leave room for moving upwards. Once you get a deal, put it in writing to avoid future collection attempts or lawsuits of the same debt.

File for bankruptcy

Bankruptcy should be the last resort if you believe you cannot meet your basic needs and other crucial expenses if the credit garnishes your wages. In Nevada, all collection attempts stop, including wage garnishment, after you qualify and get a Chapter 7 or 13 bankruptcy status. Even though this approach discharges most debts, the entry remains in your credit report for seven to ten years.

How to get debt relief in Nevada

Debt relief is a viable way to reduce your debts and become financially free sooner rather than later. In Nevada, you have several options to access debt relief, and the type you choose depends on your circumstances and the funds you have. Let’s consider several examples of how to find debt relief in Nevada:

  • Debt refinancing: This method entails taking a new loan that helps you restructure a specific debt you are paying, enabling you to save money you can use to make other debt payments. You can refinance your home, auto, or student loans. However, be careful when refinancing a federal student loan because you may not get a better deal with a flexible payment plan or the possibility of qualifying for a forgiveness program.

  • Debt consolidation: This debt relief program allows you to combine your debts into a single debt. It saves you the time and effort consumed in making separate payments for each debt. It also saves you money when you acquire a personal loan with better interest rates.

  • Use a balance transfer card: Use this option to merge credit card debts only. The idea is to transfer one or several credit card bills to a new card with a 0% Annual Percentage Rate (APR). However, you must have a good credit score and ensure you make the payments within the timeline (12-21 months) for the 0% interest rate or risk paying a higher amount than your previous debt.

  • Settle your debt: Nevada creditors accept debt settlement if they believe the consumer may fail to pay the entire debt. Settling debt entails approaching the creditor and offering to pay a lump sum amount, but they must agree to take a reduced amount than the actual debt. When negotiating, start by quoting a lower amount than you can pay. They will come with a counteroffer, and you must be willing to adjust the offer upwards.

  • File for bankruptcy: Bankruptcy enables you to erase most of your debt because you are stating that you have no means to keep paying the overwhelming debt. In Nevada, you can file for Chapter seven and thirteen bankruptcy. For Chapter Seven, also known as liquidation bankruptcy, you must liquidate some assets to pay off part of the debt. Chapter Thirteen is also called a payback bankruptcy, where you attempt to pay off your debts between three to five years, and the remaining balance will be forgiven.

  • Debt counseling and management services: Nevada has various state, charity, and national-based organizations that assist consumers in managing their debt situation. They provide financial education, credit counseling, budgeting assistance, and debt management strategies. Here are some you might consider: GreenPath Financial Wellness, Consumer Credit Counseling Services and Community Services of Nevada.

Check the status of your Nevada court case

To check the status of your Nevada court case, the state’s judicial branch has provided straightforward ways to access your court case online, via mail, or in person. It’s not as complicated as many consumers believe.

To search for your case, you must first understand the court structure to determine where your case is likely to be heard. Nevada has four levels of civil court, they are:

  • Supreme Court: The highest court. It reviews cases from the lower court and either modifies, sets aside, or affirms the previous verdict.
  • Court of Appeals: Hears a third of the cases filed in the Supreme Court. The justices assign which cases they will tackle.
  • District Court: These courts have general jurisdiction and hear cases involving claims above $15,000. They also receive appeals from the Justice Court.
  • Justice Court: The 40 Justice Courts in Nevada hear claims of up to $15,000 and small claims cases of $10,000 and below. Your debt collection case is likely in your township Justice Court.

You can find your case number once you know which court your case is in. This is the fastest way to access your case record compared to using your name and the creditor's company for tracing. The courts often create the case number from the year the creditor filed the lawsuit, the court or case type, and the assigned number representing the cases filed in that court for that year. For example, case number 23C000010 is the tenth case filed in 2023.

To get your case number, visit the courthouse where your creditor filed the case and submit a formal written request, including your name, date of birth, and creditor’s name. Alternatively, visit the Nevada Online Portal to find your case number and search by attorney or party. You'll see several cases pop up, but you'll be able to locate yours with ease.

A similar approach can be used to access the case records after you find the case number. You can get them by physically visiting the courthouse and paying an affordable fee to receive the copies. You can also access it remotely using your phone, tablet, or computer. Nevada uses a statewide case access online portal that allows consumers to access their records. However, Carson, Clark, and Washoe Counties have their own search portal.

All states have legal aid organizations that offer free legal services to residents who cannot otherwise afford professional help. Below you can find some of these organizations in Nevada.

Nevada Court Locations

Nevada's judiciary branch offers a tool online to help people locate their local courthouse. The Nevada court locator provides courthouse addresses, clerk phone numbers, and more.

And to file an Answer to a Nevada Summons, find your local court below to get started.

Key Takeaways

So, in short, here's the review on how to answer a summons for debt collection in Nevada.

  • Remember your response deadline is at most 20 days.
  • Draft an Answer in the proper format for Nevada courts, or use or SoloSuit.com to do it for you.

Follow these three steps:

  1. Answer each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. File and serve the Answer.

Good Luck!

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

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Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

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Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

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Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

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