Nevada debt statute of limitations

Nevada limitation periods by type of debt

Open-account and unwritten debt is 4 years (§ 11.190(2)); written contracts 6 years (§ 11.190(1)(b)).

What the Nevada statute says

“(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.”
Nev. Rev. Stat. § 11.190(1)(b)

“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.”
Nev. Rev. Stat. § 11.190(2)(a)-(c)

“1. Not less than 60 days before taking any action to collect a medical debt, a collection agency shall send by mail to the medical debtor written notification that sets forth:”
Nev. Rev. Stat. § 649.366(1)

Does paying restart the clock in Nevada?

A payment or promise made after the period has expired does not revive it, although a payment made before it expires starts the period again from that payment (§ 11.200(1)) (Nev. Rev. Stat. § 11.200(2)).

“1. The time in NRS 11.190 shall be deemed to date from the last transaction or the last item charged or last credit given; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.”
Nev. Rev. Stat. § 11.200(1)

In Nevada, an acknowledgment or new promise extends the period only if it is in a writing signed by the debtor (payments are governed by § 11.200).

“No acknowledgment or promise shall be sufficient evidence of a new or continuing contract whereby to take the case out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby, except as provided in NRS 11.200.”
Nev. Rev. Stat. § 11.390

Nevada’s own debt collection law

Nevada's collection agency law (NRS chapter 649) regulates collection agencies and treats a violation of the federal Fair Debt Collection Practices Act as a violation of that chapter.

“A violation of any provision of the federal Fair Debt Collection Practices Act, 15 U.S.C. §§ 1682 et seq., or any regulation adopted pursuant thereto, shall be deemed to be a violation of this chapter.”
Nev. Rev. Stat. § 649.370 (NRS chapter 649, Collection Agencies)

If a creditor wins a judgment in Nevada

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Nevada rules take over.

How long a judgment lasts

In Nevada, an action upon a judgment, or the renewal of a judgment, must be brought within 6 years (renewal procedure is in NRS 17.214, not quoted here).

“Within 6 years: (a) Except as otherwise provided in NRS 62B.420 and 176.275, 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.”
Nev. Rev. Stat. § 11.190(1)(a)

Wage garnishment

Nevada limits wage garnishment for ordinary debts to 18% of weekly disposable earnings if gross weekly pay is $770 or less, 25% if it is more, or the amount above 50 times the federal minimum hourly wage, whichever is less (support, bankruptcy and tax debts excluded).

“The maximum amount of the aggregate disposable earnings of a person which are subject to garnishment may not exceed: (a) Eighteen percent of the person’s disposable earnings for the relevant workweek if the person’s gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less;”
Nev. Rev. Stat. § 31.295(2)

Money in a bank account

In Nevada, if federal benefits (such as Social Security) were deposited electronically into a personal bank account within the 45 days before a writ is served, $2,000 or the whole balance, whichever is less, stays exempt and accessible to the debtor.

“money has been deposited into the account electronically within the immediately preceding 45 days from the date on which the writ was served which is reasonably identifiable as exempt from execution, notwithstanding any other deposits of money into the account, $2,000 or the entire amount in the account, whichever is less, is not subject to execution and must remain accessible to the judgment debtor.”
Nev. Rev. Stat. § 21.105(1)

Small claims court

Nevada justice courts hear small claims for the recovery of money only where the amount claimed does not exceed $10,000.

“A justice of the peace has jurisdiction and may proceed as provided in this chapter and by rules of court in all cases arising in the justice court for the recovery of money only, where the amount claimed does not exceed $10,000.”
Nev. Rev. Stat. § 73.010(1)

Time-barred debt in Nevada

In Nevada, once the limitations period has expired, a payment, affirmation, or other activity by the debtor on the debt does not revive it.

“2. Notwithstanding any other provision of law, any payment on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive the applicable limitation.”
Nev. Rev. Stat. § 11.200(2)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Nevada treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Nevada?

4 years for credit-card debt and 6 years on a written contract, under Nev. Rev. Stat. § 11.190. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Nevada?

A payment or promise made after the period has expired does not revive it, although a payment made before it expires starts the period again from that payment (§ 11.200(1)) (Nev. Rev. Stat. § 11.200(2)).

Does Nevada have its own debt collection law?

Nevada's collection agency law (NRS chapter 649) regulates collection agencies and treats a violation of the federal Fair Debt Collection Practices Act as a violation of that chapter. (Nev. Rev. Stat. § 649.370 (NRS chapter 649, Collection Agencies)).

How long does a court judgment last in Nevada?

In Nevada, an action upon a judgment, or the renewal of a judgment, must be brought within 6 years (renewal procedure is in NRS 17.214, not quoted here). (Nev. Rev. Stat. § 11.190(1)(a)).

How much of my pay can be garnished in Nevada?

Nevada limits wage garnishment for ordinary debts to 18% of weekly disposable earnings if gross weekly pay is $770 or less, 25% if it is more, or the amount above 50 times the federal minimum hourly wage, whichever is less (support, bankruptcy and tax debts excluded). (Nev. Rev. Stat. § 31.295(2)).

What if I am sued on an old debt in Nevada?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.