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, and so on. 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?
Questions and Answers
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 who purchases any outstanding credit card debt, the complaint must include at least:
- The name of the issuer;
- The last four digits of the account number originally assigned by the issuer;
- All subsequent account numbers assigned to the credit card debt by all assignees of the credit card debt; and
- The date of the default on the credit card debt.
What can I do if the required information is not included in the complaint?
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 Justice Court and District Court in the Forms section of the Civil Law Self-Help Center's website and click on the combined answer (debt or loan) for the proper court.
If I do file an Answer, what happens?
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 information stored by the issuer on a computer, microfilm, microfiche, or optical disc that indicate the amount of the debt owed.
At the hearing, how can the plaintiff prove that its records are authentic (genuine)?
By submitting a copy of the record that 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 with evidence indicating that the person caused the charge to be incurred on the credit card account.
How long must an issuer or a purchaser of credit card debt keep records of the charges?
For at least 24 months.
If I do not file an Answer, what happens?
The issuer of the card or purchaser of credit card debt may seek a default judgment against you.
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 (the name of the issuer, last four digits of the account number, and so on). 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. This form is available in the Forms section of the Civil Law Self-Help Center's website.
You can find one on this website under Motion to Vacate (never served). Read the instructions Part I and Part II carefully. Where the Motion asks you to state a defense, state: Defendant has the following meritorious defense(s): Plaintiff is a purchaser of credit card debt and the complaint fails to contain the below checked information required by NRS Chapter 97A as amended by AB 472 (effective 7-1-09) and/or Plaintiff failed to satisfy the standards of proof in subsections 1 and 2 of NRS 97A.160.
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 language such as: Plaintiff is a purchaser of credit card debt and the complaint fails to contain the below checked information required by NRS Chapter 97A as amended by AB 472 (effective 7-1-09) and/or Plaintiff failed to satisfy the standards of proof in subsections 1 and 2 of NRS 97A.160.
The Better Business Bureau's website may provide additional information or assistance regarding consumer law.
