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NRS 597.992

Affirmative defense of coerced debt in civil action to collect unsecured consumer debt

Known as the Infant Crib Safety Act

The act spans §§ 597–597 (272 sections).

(Added to NRS by 2025, 1568)

1. In any civil action to collect an unsecured consumer debt, it is an affirmative defense under applicable court rules that the debt is a coerced debt.

2. To assert the affirmative defense of coerced debt, a debtor must submit to the court:

(a) A written attestation that includes, without limitation:

(1) A statement that clearly identifies the specific debt the debtor asserts is a coerced debt;

(2) A description of the circumstances under which the alleged coerced debt was incurred, including specific facts supporting the allegation;

(3) Except as otherwise provided in subsection 4, any information known to the debtor regarding the identity and contact information of the person alleged to have coerced the debtor into incurring the debt; and

(4) A statement indicating the number of times the debtor has previously asserted the affirmative defense of coerced debt in any action or proceeding before a court in this State or any other state, including whether each such assertion was successful or unsuccessful; and

(b) A copy of at least one of the following documents:

(1) A police report, investigative report or complaint which the debtor filed with a law enforcement agency that is relevant to establishing that the debt is a coerced debt;

(2) A report filed with the Federal Trade Commission indicating that the debtor is a victim of identity theft; or

(3) A temporary or extended order for protection against domestic violence issued by a court of competent jurisdiction or other court record that is relevant to establishing that the debt is a coerced debt.

3. If the court determines that the debt identified by the debtor pursuant to subparagraph (1) of paragraph (a) of subsection 2 constitutes a coerced debt:

(a) The court shall order the creditor to immediately cease all collection efforts related to the coerced debt and, if applicable, to take reasonable steps to correct any consumer credit report or similar record to reflect that the debt is a coerced debt;

(b) The creditor may join any third party who is or may be liable for the coerced debt or amend its complaint to assert a claim against any such person; and

(c) The debtor is entitled to recover from the person who coerced the debtor into incurring the coerced debt reasonable attorney’s fees and costs, but may not recover such fees and costs from the creditor.

4. If the debtor believes that providing the information required by subparagraph (3) of paragraph (a) of subsection 2 is likely to result in abuse to the debtor or an immediate family member of the debtor, the debtor may, in lieu of providing the information, submit to the court a statement, signed and sworn to or affirmed by the debtor, that such disclosure is likely to result in abuse to the debtor or an immediate family member of the debtor.

5. As used in this section:

(a) “Coerced debt” means an unsecured consumer debt or any part thereof incurred for personal, family or household purposes as a result of fraud, duress, intimidation, threat of force or undue influence in the name of a debtor who is a victim of:

(1) Sex trafficking as defined in NRS 201.300; or

(2) Domestic violence, if the alleged perpetrator is a:

(I) Spouse or former spouse of the debtor;

(II) Person who has a child in common with the debtor;

(III) Person related by blood or marriage to the debtor;

(IV) Person who is living with or has lived with the debtor; or

(V) Person who was in a dating relationship with the debtor at the time the debt was incurred.

(b) “Unsecured consumer debt” does not include a credit instrument, as defined in NRS 463.01467.

(c) “Victim” includes a person who alleges that he or she is a victim of an act, regardless of whether or not the alleged perpetrator of the act has been charged with or convicted of the act.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.