Consumer Rights Project Debt Collection
Debt Collection
What Debt Collectors Are Not Allowed To Do
The Fair Debt Collection Practices Act prohibits debt collectors from attempting to collect debts -- valid or not -- in various unfair, deceptive, and ornery ways. The FTC's website explains in detail here. And Chris Morran, over at The Consumerist helpfully has boiled it down to the "23 things debt collectors are not allowed to do."
You Have Been Sued
For general information go to What To Do If You Have Been Sued on the Clark County Courts’ Civil Law Self-Help Center website.If you have been served with a Summons and Complaint, and no judgment has been entered, you need to file an Answer or other responsive pleading. Go to Civil Forms Civil Law Self-Help Center website and click on the needed pleading for the proper court.
If you have been sued, Judgment has been entered, and your wages have been or are about to be garnished, and you believe your wages are exempt, then visit our Attach and Garnish page.
If you have been sued and a Default and Default Judgment have been entered against you because you did not file an Answer (and, as a result, you have been or are about to be garnished and can't claim a legitimate exemption from garnishment), then the following forms may assist you...
Answer Instructions - PDF
Justice Court Answer - PDF
District Court Answer - PDF
Discovery Packet - PDF
If you did not file an Answer because you never received the Summons and Complaint, then see:
Part I Instructions Motion To Vacate (never served) - PDF
Motion to Vacate (never served) - PDF
Part II Instructions Motion To Vacate (both) - PDF
Order and Notice of Motion (both) - PDF
If you did not file an Answer due to mistake, inadvertance, surprise or excusable neglect, then see:
Part I Instructions Motion To Vacate (got served) - PDF
Motion to Vacate (got served) - PDF
Part II Instructions Motion To Vacate (both) - PDF
Order and Notice of Motion (both) - PDF
Attachment and Garnishment
Did you lose a lawsuit? Here are your rights concerning garnishment and attachment.
Collections
What can a bill collector do to me if I fall behind on a debt? What are my rights if I am contacted by a collection agency attempting to collect a debt? What are my rights if repossession of my property is threatened? What if I am sued?
How to Claim an Exemption
Go to Civil Forms on the Clark County Courts’Civil Law Self-Help Center website and click on the needed form. For Justice Court click on Combined Affidavit of Exemption. For District Court click on Combined Affidavit Claiming Exemption and Instructions plus Combined Order Re Exemption and Instructions
Were You Sued on an Auto Deficiency?
An auto-deficiency is the difference between the amount of money you owed on your car and the amount it was sold for after repossession. If you have been sued for an auto-deficiency, this information may help you understand your rights.
Were you sued to collect a credit card debt?
It can be difficult to remember what credit cards you have been issued, what you may owe, whether the time limit to be sued (statute of limitations) has passed, etc. Credit card debt is usually purchased by someone other than the original lender who issued you the card. How can you defend a law suit from someone trying to collect a credit card debt without this information? Effective July 1, 2009, AB 472 changed NRS to provide more protection against wrongful lawsuits.
