How to Respond to a Debt Collection Lawsuit in Nevada

Nevada gives you 20 days from the date you were served to file an Answer to a debt collection lawsuit. Not 21 days. Not "about three weeks." Twenty calendar days, including weekends and holidays.

Miss that deadline and the court issues a default judgment. The creditor wins without proving anything. They can garnish your wages, freeze your bank account, or put a lien on your property.

Most people who get sued for debt in Nevada never file an Answer. According to court data, roughly 70% of debt collection cases end in default judgment because defendants don't respond. You don't have to be one of them.

What a Nevada Debt Collection Lawsuit Looks Like

When a creditor or debt collector sues you in Nevada, they file a Complaint with the court. You receive two documents:

• The Summons: A formal notice that you're being sued. It includes the deadline to respond and identifies which court is handling the case.
• The Complaint: The creditor's version of events. It lists what you allegedly owe, who owns the debt now, and why they think you're responsible.

The Summons tells you when to respond. The Complaint tells you what to respond to.

You might be served by a process server who hands you the papers in person, or by certified mail. Either way, the 20-day clock starts the day you receive the documents.

Why You Must File an Answer (Even If You Owe the Debt)

Filing an Answer forces the creditor to prove their case. They must show:

• You actually owe the debt
• They have the right to collect it (often debts get sold multiple times)
• The amount they're claiming is accurate
• They haven't waited too long to sue (Nevada's statute of limitations is 4 years for written contracts, 6 years for credit card debt)

Debt collectors sue thousands of people every month. They rely on you not showing up. When you file an Answer, you become exponentially more expensive to deal with. Many creditors will settle for less rather than go through a full trial.

Even if you know you owe the money, filing an Answer gives you leverage. You might negotiate a payment plan at 40% of the balance instead of facing wage garnishment at 100%.

How to Draft Your Answer: Step by Step

Your Answer is a formal legal document. It doesn't have to be fancy, but it must follow Nevada court rules. Here's the structure:

1. Caption and Case Information

At the top of your Answer, copy the court information exactly as it appears on the Complaint. Include:

• The court's name (Justice Court or District Court)
• The county
• The case number
• The names of the plaintiff (creditor) and defendant (you)

This goes in the upper right corner or centered at the top, depending on the court's format.

2. Respond to Each Numbered Paragraph

The Complaint contains numbered allegations. You must respond to each one with one of three answers:

• Admit: "Defendant admits the allegations in Paragraph 3."
• Deny: "Defendant denies the allegations in Paragraph 5."
• Deny for lack of information: "Defendant lacks sufficient knowledge to admit or deny the allegations in Paragraph 7 and therefore denies them."

When in doubt, deny. You can admit obvious facts like your name and address, but deny anything about the debt amount, who owns it, or whether you're responsible.

If the Complaint says "Defendant entered into a credit agreement with XYZ Bank," you can deny that if you don't remember the specific terms or if the debt has been sold. Make the creditor prove it.

3. Assert Affirmative Defenses

Affirmative defenses are legal reasons the creditor shouldn't win, even if you owe the debt. Common Nevada defenses include:

• Statute of limitations: The debt is too old to sue over (4 years for most written contracts, 6 years for credit card debt)
• Lack of standing: The creditor doesn't own the debt or can't prove they do
• Payment: You already paid the debt
• Mistaken identity: This isn't your debt
• Improper service: You weren't properly served with the lawsuit

List each defense in a separate numbered paragraph. You don't need to prove them in your Answer. Just raise them.

4. Demand for Proof

End your Answer by requesting that the creditor provide strict proof of their claims. Nevada courts require creditors to prove:

• The original contract or account agreement
• A complete account statement
• Proof of assignment (if the debt was sold)

Add a paragraph that says: "Defendant demands strict proof of all allegations and claims set forth in the Complaint."

5. Sign and Date

Sign your Answer under penalty of perjury. Nevada requires this statement: "I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct." Include your signature, printed name, address, phone number, and the date.

Where and How to File Your Answer

Once your Answer is drafted, you need to file it with the court. Nevada's process:

File with the Court

Take your Answer to the courthouse listed on the Summons. You'll file it with the clerk's office. Most Nevada courts charge a filing fee between $30 and $75. If you can't afford the fee, you can file a "Petition to Proceed In Forma Pauperis" to request a waiver.

Make three copies of your Answer: one for the court, one for the creditor's attorney, and one for your records.

Serve the Creditor's Attorney

You must send a copy of your Answer to the attorney representing the creditor. Their contact information is on the Complaint. You can mail it, but use certified mail with return receipt so you have proof of delivery.

Some courts require a "Certificate of Service" attached to your Answer. This is a statement that says you mailed a copy to the creditor's attorney on a specific date. Check your Summons for local rules.

File Proof of Service

After you mail the Answer to the creditor's attorney, file the Certificate of Service (or the certified mail receipt) with the court. This proves you followed the rules.

What Happens After You File Your Answer

Filing your Answer doesn't end the case. It starts the process. Here's what typically happens next:

The Creditor Responds

The creditor's attorney will file a response to your Answer, often called a Reply. They may also file motions asking the court to rule on specific issues.

Discovery

Both sides exchange information through a process called discovery. The creditor might send you written questions (interrogatories) or requests for documents. You're required to respond honestly within the time frame they specify (usually 30 days).

Settlement Negotiations

Most debt collection cases settle before trial. Once you've filed an Answer, the creditor knows you're serious. Their attorney may reach out to negotiate. This is your chance to settle for less than the full amount or set up a payment plan.

If you settle, get the agreement in writing before you pay anything. The agreement should state the settlement amount, that payment satisfies the debt in full, and that the creditor will dismiss the lawsuit.

Trial

If you don't settle, the case goes to trial. You'll present your defenses, and the creditor will present their evidence. In Nevada Justice Courts (cases under $15,000), trials are usually quick and informal. District Court cases are more formal.

At trial, the burden of proof is on the creditor. They must show you owe the debt and the amount is correct. If they can't produce the original contract or a complete account statement, you may win.

Can You Handle This Without a Lawyer?

Yes. Most debt collection defendants in Nevada represent themselves. The process is designed to be accessible, especially in Justice Court.

That said, if the amount is over $10,000 or the case is complicated, consider at least consulting with a consumer rights attorney. Many offer free consultations. Nevada has attorneys who specialize in defending debt collection cases and may take your case on contingency if the creditor violated collection laws.

If you're overwhelmed by multiple debts or this lawsuit is just one part of a bigger financial crisis, filing for bankruptcy might be the smarter move. Bankruptcy stops all collection lawsuits immediately and can eliminate most unsecured debts. Use our bankruptcy screener to see if you qualify.

Common Mistakes to Avoid

Don't ignore the lawsuit hoping it goes away. It won't. Default judgments are brutal.

Don't admit to owing the debt in your Answer unless you're 100% certain of the amount and who owns it. Make them prove it.

Don't miss the 20-day deadline. If you're even one day late, the court may refuse to accept your Answer.

Don't forget to serve the creditor's attorney. Filing with the court isn't enough. Nevada requires you to send a copy to the other side.

Don't communicate with the creditor's attorney without documenting everything. If they call, take notes or ask them to put everything in writing.

Nevada's Statute of Limitations on Debt

Nevada law sets time limits on how long a creditor can sue you for debt. After the statute of limitations expires, the debt is "time-barred." The creditor can't win a lawsuit if you raise this defense.

• Written contracts: 6 years (most credit cards and personal loans)
• Oral agreements: 4 years
• Promissory notes: 6 years

The clock starts on the date of your last payment or the date you defaulted. If a creditor sues you on a time-barred debt, raise the statute of limitations as an affirmative defense in your Answer. If you win on this defense, the case is dismissed.

Be careful: Making a payment or even acknowledging the debt in writing can restart the statute of limitations clock. Don't admit to anything or make a payment without understanding the consequences.

What If You Can't Pay Even If You Win?

Winning the lawsuit doesn't make the debt disappear. If the court rules in your favor, the creditor can't collect. But if you settle or lose, you still owe the money.

If paying is impossible, bankruptcy may be your best option. Chapter 7 bankruptcy wipes out most unsecured debts in about four months. Chapter 13 sets up a 3-5 year payment plan based on what you can actually afford.

A debt collection lawsuit doesn't disqualify you from bankruptcy. In fact, it's one of the most common reasons people file. Bankruptcy stops wage garnishment, bank levies, and all collection activity immediately through something called the automatic stay.

The filing fee for bankruptcy is higher than the cost of responding to a lawsuit, but the long-term relief is worth it if you're drowning in debt. Talk to a bankruptcy attorney or use a tool like Upsolve to see if you qualify for free help filing.