NRS
97A.160 Records required in action to collect debt: Establishment of
liability and amount; authentication; retention.
1. Notwithstanding the provisions of chapter 52 of NRS, in any action brought to
collect a debt owed to an issuer:
(a) The issuer may establish that the cardholder
is contractually liable for the debt owed by submitting the written application
for a credit card account submitted to the issuer by the cardholder or evidence
that the cardholder incurred charges on the account and made payments thereon.
(b) The amount owed may be established by
photocopies of:
(1) The periodic billing statements
provided by the issuer; or
(2) Information stored by the issuer on a
computer, microfilm, microfiche or optical disc which indicate the amount of
the debt owed.
2. The content of such records must be
authenticated:
(a) Pursuant to the procedures set forth in NRS 52.450 to 52.480, inclusive; or
(b) By the submission of 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.
3. The 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.
4. An issuer shall retain any record
necessary to establish the existence and amount of any debt owed to the issuer
for at least 24 months after the record is first published, issued or filed.
(Added to NRS by 1995,
2599)
Notes of Decisions
Cited in
5
cases (
5 in the last 5 years), 2021–2023 · leading case:
Marshal Roy Robles (Bankr. D. Nev. 2022).
Marshal Roy Robles (Bankr. D. Nev. 2022).
· cites it 17× “It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
Patti Jo Barnes (Bankr. D. Nev. 2022).
· cites it 16× “It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
Lvnv Funding LLC v. David Myers (9th Cir. 2023).
· cites it 3× “§ 502 (b)(1) because the documentation LVNV provided was insufficient to enforce the debt under Nevada law, in that the proof of claim did not comply with Nevada procedural requirements set out in Nev. Rev. Stat. §§ 97A.160 and 97A.165 (collectively, the “Nevada laws”).”
— Nev. Rev. Stat. § 97A.160(1) — 2 cases
Patti Jo Barnes (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
Marshal Roy Robles (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
— Nev. Rev. Stat. § 97A.160(1)(a) — 2 cases
Patti Jo Barnes (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
Marshal Roy Robles (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
— Nev. Rev. Stat. § 97A.160(1)(b) — 2 cases
Patti Jo Barnes (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
Marshal Roy Robles (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
— Nev. Rev. Stat. § 97A.160(2) — 2 cases
Patti Jo Barnes (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
Marshal Roy Robles (Bankr. D. Nev. 2022).
“It then concluded: Your claim does not provide proper authentication pursuant to NRS 97A.160, nor (if applicable) have you filed a copy of the writing or the circumstances of the loss as required pursuant to FRBP 3001.”
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