Can someone please help me define in plain terms what is meant in the NRS 11.190
re statute of limitation. I am wondering whether a general credit card account would fall under 'within 4 years' as an open account (see 2a).
If not, it is the term 'instrument' that concerns me as in 1b and 2c. Is the instrument the contract itself? or is it whether or not the contract was based on an 'instrument'? ie a car loan is based on a car (car being the instrument).
I am being sued by Capital One, and on said account, there has been no payment made since August 2006.
Thank you for your time.
11.190 Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
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.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
(d) An action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
1 Answer from Attorneys
An open account is where there is no paperwork. In the old days, you might get an open account at a drug store where the merchant just adds things to you "tab" and sends you a bill at the end of the month. You have a 6 year statute of limitations but there are evidentiary objections that you can make to win.
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