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I just came from an arbitration hearing against Portfolio Recovery Associates via HSBC. The arbitrator has left it up to me to prove whether under the Nevada NRS 11.190 whether a credit card falls under subsection 1 which has a six year statute of limitations or subsection 2 which has a four year statute of limitations.

I need help finding Nevada court cases and rulings showing that a credit card is considered an open account and therefore subject to the 4 year statue of limitations.

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NRS 97A.060 “Credit card account” defined. “Credit card account” means an open line of credit offered by an issuer to a cardholder which is accessed by obtaining money, property, goods, services or anything of value by the use of a credit card.

(Added to NRS by 1995, 2598)

NRS: CHAPTER 97A - DEBT EVIDENCED BY CREDIT CARD

Nevada statutes define it as an open account and, this, it has a four year statute of limitations rather than the six year statute for a written instrument.

Nevada Rules of Civil Procedure

Edited by racecar
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Racecar gave you what you need. There may not be any case law that covers this, as it is procedural and not subject to a lawsuit in most cases. Your citation will be the state statute, which cannot be defeated under any circumstances, period. Read through these:

"statute of limitations" - Google Scholar

I don't know if there are any credit card cases, no time to read all this. Look for lender related cases, banks, etc.

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Under the law, when a plain reading of the statue leaves no ambiguity, the statute must be followed. NRS 11.190(2)(a) plainly states action on Open Account. NRS 97A.060 Clearly defines a credit card account as an open account.

It does not look like there are any cases in Nevada citing 97A.060, most likely because of the discussion about. No judge in his right mind would try to rule against the statute that is so clear. However I would look for cases involving "An instrument in writing", typically this requires a contract SIGNED by all parties which PRA will not be able to produce.

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Credit cards are considered open accounts in all 50 states. You can find all 50 statutes here:

Statutes of limitation for credit card debt collection, all 50 states

Closed accounts are those which have a specified number of payments, like a car loan. What is the controversy? HSBC is located in Nevada. The arbitrator should know the law, otherwise how can he render a decision?

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The problem comes in that CA and JDB attorneys want to waive the terms and conditions around and say they are a Written Contract, where as most state SOL laws cite written instrument. A written instrument is something that is signed by both parties, like a deed, and we know that T&Cs are not signed by anyone.

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  • 3 weeks later...

Thank you all for you help and input. I have won my arbitration case. I have one more thing I need help with. Since I have one I need to prepare a general judgement in accordance with the award.

What do I need to do? Also I need to submit a detailed billings for the award. What can i submit for the billings and how much? Also what proof do I need to submit as well?

Thank you,

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NRS 11.190 Periods of limitation

2. Within 4 years:

(a) An action on an open account for goods, wares and merchandise sold and delivered.

(B) An action for any article charged on an account in a store.

© An action upon a contract, obligation or liability not founded upon an instrument in writing.

Open accounts or open ended account as defined under Regulation Z (Section 226 as I recall) are accounts which do NOT have a set number of payments, like a car loan has. CC are open accounts. All of the above apply in some manner.

Cases referencing this statute:

"NRS 11.190 - Google Scholar

Read 'em, dude. Might find a good one in there. Could I finally have beaten BV80?

Edited by legaleagle
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Thanks for the earlier information. I won the case vs Portfolio Recovery Associates. Now that I won I need to submit a General Judgement for the award.

What do I do now? Can include the court costs in the award request? What other costs can I include?

Thank you

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I used the information that i recieved on the board. Make sure you get a copy of the credit card agreement. Mine was for HSBC and in the agreement it stated that the account was a open line of credit and that if anything went to court it held under Nevada law. I used the following in my argument.

Under the law, when a plain reading of the statue leaves no ambiguity, the statute must be followed. NRS 11.190(2)(a) plainly states action on Open Account. NRS 97A.060 Clearly defines a credit card account as an open account.

Make sure you have proof of your last payment as this will be the date the statue of limitations start if you did not talk and make payment arrangements with the collection agency.

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