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What information must be included in the complaint filed against me?
If you are sued by the original issuer of the credit card or by a financial institution like a bank, there are no specific requirements. However, if you are sued by a person, other than a financial institution, that purchases any outstanding credit card debt, the complaint must include at least:
You can ask the court to dismiss the complaint by filing an ANSWER asserting the failure to include the information as an “affirmative defense”. You can find ANSWERS for both The court will hold a hearing where the Plaintiff must prove that you owe money (are liable) and how much you owe. At the hearing how can the Plaintiff prove that I owe money? By submitting either: the written application for a credit card account that you submitted to the issuer or evidence that you incurred charges on the account and made payments thereon. At the hearing how can the Plaintiff prove how much money I owe? By submitting by photocopies of either: The periodic billing statements provided by the issuer; or At the hearing how can the Plaintiff prove that its records are authentic(genuine)? By submitting either: a copy of the record which is authenticated by a custodian of the records of a banking or financial institution in a signed affidavit under the procedures set forth in NRS 52.450 to 52.480,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. At the hearing how can I prove that the charges were made by another person? You can prove 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. For at least 24 months. What must an issuer or a purchaser of credit card debt show in order to get a default judgment? To get a default judgment against you: a purchaser of credit card debt must first show the court that the complaint contains the information described above (name of the issuer; last four digits of the account number, etc.), both issuers and purchasers of credit card debt must submit the same authenticated records showing that you owe the money and how much which are described above What if the Plaintiff gets a default judgment without the necessary proof? If you were never served with a summons and complaint you may discover that a default judgment was entered against you for the first time when your wages or bank accounts are garnished. To stop the garnishment and seek to have your day in court, you can file a Motion to Vacate. You can find one on this website under Motion to Vacate (never served). Read the instructions Part I and Part II carefully. When filling out the motion insert the below language on page 3, starting at line 21: If you were served with a summons and complaint you may discover that a default judgment was entered against you for the first time when your wages or bank accounts are garnished. To stop the garnishment and seek to have your day in court, you can file a Motion to Vacate. You can find one on this website under Motion to Vacate (got served). Read the instructions Part I and Part II carefully. When filling out the motion insert the below language on page 4, starting at line 2: 800 South Eighth Street (702) 386-1070 1-800-522-1070 FAX: (702) 366-0569 TDD: (702) 386-1059 (Hearing Impaired) http://www.abiworld.org http://www.bbb.org/ http://consumerlawpage.com/ 
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