Legal Question in Credit and Debt Law in Nevada
An alleged law credit collection firm has contacted me about an account my husband has that has been deliquent since 2005. Nevada State Statutes of Limitations gives four years to creditors to collect. The firm claims they have been given the ok by the bank to sue my husbands account. My question is since they have contacted me not my husband, and, SOL time seems to have exceeded, can they still serve us with the order? What shall I tell them next time they call me?
2 Answers from Attorneys
You may want to hire a lawyer to advise you on the correct limitations period on a contract or account action, and how it is computed. The "statute of limitations" is an affirmative defense to a lawsuit, which must be timely and properly pled and proven by a preponderance of the evidence in a formal court proceeding. As with most other affirmative defenses, it can be waived, by contract or by conduct. Even a token payment of $1.00 might restart the limitations period, and an agreement, such a stipulation to settle a claim, might salvage a Plaintiff's otherwise defensible litigation. Not responding to a properly served lawsuit will waive the defense. Your attorney can explain further.
Additionally, the statute of limitations is six years on a written contract and four years on an oral contract. My gut feeling is that this is a written contract. If you get served with a lawsuit, you need to defend it. If that happens, you may contact me for a consultation.
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