Legal Question in Credit and Debt Law in Nevada

received letter back form attorneys office

I have filed an answer with the court after I received a summons form an attorney on a credit card they say is mine that has not been paid, I asked if they could provide me proof. And in the mail I received a letter from the attorney that says ''encloed is a list of witnesses and documents and that in 30 days I should exchange list of witnesses and documents''. All that is enclosed is a piece of paper showing the balance onthe account with date charged:11/29/2002, delinquent:03/18/2002 and listed: 12/10/2004. Isn't this past the SOL according to the year 2002 and what do I send to them now?


Asked on 5/22/06, 3:42 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: received letter back form attorneys office

The Plainitff is required to prove its case under this law (link):

http://www.leg.state.nv.us/nrs/NRS-097A.html#NRS097ASec160

which reads:

NRS 97A.160 Records required in action to collect debt: Establishment of liability and amount; authentication; retention.

1. Notwithstanding the provisions of chapter 52 of NRS, in any action brought to collect a debt owed to an issuer:

(a) The issuer may establish that the cardholder is contractually liable for the debt owed by submitting the written application for a credit card account submitted to the issuer by the cardholder or evidence that the cardholder incurred charges on the account and made payments thereon.

(b) The amount owed may be established by photocopies of:

(1) The periodic billing statements provided by the issuer; or

(2) Information stored by the issuer on a computer, microfilm, microfiche or optical disc which indicate the amount of the debt owed.

2. The content of such records must be authenticated:

(a) Pursuant to the procedures set forth in NRS 52.450 to 52.480, inclusive; or

(b) By the submission of a written affidavit sufficient to establish:

(1) The affiant as the custodian of the written records offered as evidence;

(2) That the written records offered as evidence were made in the ordinary course of the issuer�s business; and

(3) That the written records are true and correct copies of the records retained by the issuer.

3. The liability of a person other than the cardholder for the amount of any debt owed to an issuer may be established by evidence indicating that the person caused the charge to be incurred on the credit card account.

4. An issuer shall retain any record necessary to establish the existence and amount of any debt owed to the issuer for at least 24 months after the record is first published, issued or filed.

(Added to NRS by 1995, 2599)

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Answered on 5/22/06, 3:53 pm


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