Nevada Revised Statutes 649.020 – ‘Collection agency’ defined
1. ’Collection agency’ means all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another.
Terms Used In Nevada Revised Statutes 649.020
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- mortgage: includes a deed of trust. See Nevada Revised Statutes 0.037
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. ’Collection agency’ does not include any of the following unless they are conducting collection activities in a capacity other than that described in this subsection:
(a) Natural persons regularly employed by an exempt entity on a regular wage or salary who, on behalf of the exempt entity, collect a claim owed to the exempt entity provided that such persons are not engaged in the business of a collection agency or making or attempting to make collections as an incident to the usual practices of their primary business or profession.
(b) Banks, savings banks, credit unions, thrift companies or trust companies.
(c) Nonprofit cooperative associations.
(d) Unit-owners’ associations and the board members, officers, employees and units’ owners of those associations when acting under the authority of and in accordance with chapter 116 or 116B of NRS and the governing documents of the association, except for those community managers included within the term ‘collection agency’ pursuant to subsection 3.
(e) Abstract companies doing an escrow business.
(f) Duly licensed real estate brokers, except for those real estate brokers who are community managers included within the term ‘collection agency’ pursuant to subsection 3.
(g) Attorneys and counselors at law licensed to practice in this State, so long as they are retained by their clients to collect or to solicit or obtain payment of such clients’ claims in the usual course of the practice of their profession.
(h) A mortgage servicer licensed pursuant to chapter 645F of NRS, except where such a mortgage servicer is attempting to collect a claim that was assigned when the relevant loan was in default.
(i) Any person collecting in his or her own name on a claim that he or she originated.
(j) Any person servicing a claim that he or she originated and sold.
(k) Any person or entity described in 15 U.S.C. § 1692a(6)(A) to 1692a(6)(F), inclusive.
3. ’Collection agency’ includes:
(a) A community manager while engaged in the management of a common-interest community or the management of an association of a condominium hotel if the community manager, or any employee, agent or affiliate of the community manager, performs or offers to perform any act associated with the foreclosure of a lien pursuant to NRS 116.31162 to 116.31168, inclusive, or 116B.635 to 116B.660, inclusive; and
(b) A debt buyer.
4. ’Collection agency’ does not include any community manager, other than a community manager described in paragraph (a) of subsection 3, while engaged in the management of a common-interest community or the management of an association of a condominium hotel.
5. As used in this section:
(a) ’Community manager’ has the meaning ascribed to it in NRS 116.023 or 116B.050.
(b) ’Unit-owners’ association’ has the meaning ascribed to it in NRS 116.011 or 116B.030.