Nevada § 604A.5083 - Repayment plan

§ 604A.5083. Repayment plan

1. Before a licensee who operates a title loan service attempts to collect the outstanding

balance on a title loan in default by commencing any civil action or process of alternative

dispute resolution or repossessing a vehicle, the licensee shall offer the customer

an opportunity to enter into a repayment plan. The licensee: (a) Is required to make the offer available to the customer for a period of at least

30 days after the date of default; and (b) Is not required to make such an offer more than once for each title loan. 2. If a licensee who operates a title loan service intends to commence any civil action

or process of alternative dispute resolution or repossess a vehicle in an effort to

collect a defaulted title loan, the licensee shall deliver to the customer, not later

than 15 days after the date of default, or not later than 5 days after a check is

not paid upon presentment or an electronic transfer of money fails, whichever is later,

written notice of the opportunity to enter into a repayment plan. The written notice must: (a) Be in English, if the initial transaction was conducted in English, or in Spanish,

if the initial transaction was conducted in Spanish; (b) State the date by which the customer must act to enter into a repayment plan; (c) Explain the procedures the customer must follow to enter into a repayment plan; (d) If the licensee requires the customer to make an initial payment to enter into

a repayment plan, explain the requirement and state the amount of the initial payment

and the date the initial payment must be made; (e) State that the customer has the opportunity to enter into a repayment plan with

a term of at least 90 days after the date of default; and (f) Include the following amounts: (1) The total of payments or the remaining balance on the original title loan; (2) Any payments made on the title loan; (3) Any charges added to the title loan amount allowed pursuant to the provisions

of this chapter; and (4) The total amount due if the customer enters into a repayment plan. 3. Under the terms of any repayment plan pursuant to this section: (a) The customer must enter into the repayment plan not later than 30 days after the

date of default, unless the licensee allows a longer period; (b) The licensee must allow the period for repayment to extend at least 90 days after

the date of default, unless the customer agrees to a shorter term; and (c) The licensee may require the customer to make an initial payment of not more than

20 percent of the total amount due under the terms of the repayment plan. 4. If the licensee and customer enter into a repayment plan pursuant to this section,

the licensee shall honor the terms of the repayment plan, and the licensee shall not: (a) Except as otherwise provided by this chapter, charge any other amount to a customer,

including, without limitation, any amount or charge payable directly or indirectly

by the customer and imposed directly or indirectly by the licensee as an incident

to or as a condition of entering into a repayment plan. Such an amount includes, without limitation: (1) Any interest, regardless of the name given to the interest, other than the interest

charged pursuant to the original loan agreement at a rate which does not exceed the

annual percentage rate charged during the term of the original loan agreement; or (2) Any origination fees, set-up fees, collection fees, transaction fees, negotiation

fees, handling fees, processing fees, late fees, default fees or any other fees, regardless

of the name given to the fee; (b) Except as otherwise provided in this section, accept any additional security or

collateral from the customer to enter into the repayment plan; (c) Sell to the customer any insurance or require the customer to purchase insurance

or any other goods or services to enter into the repayment plan; (d) Make any other loan to the customer, unless the customer is seeking multiple loans

that do not exceed the limit set forth in NRS 604A.5017 or 604A.5045 , as applicable; (e) During the term of the repayment plan, attempt to collect the outstanding balance

by commencing any civil action or process of alternative dispute resolution or by

repossessing a vehicle, unless the customer defaults on the repayment plan; or (f) Attempt to collect an amount that is greater than the amount owed under the terms

of the repayment plan. 5. If the licensee and customer enter into a repayment plan pursuant to this section,

the licensee shall: (a) Prepare a written agreement establishing the repayment plan; and (b) Give the customer a copy of the written agreement. The written agreement must: (1) Be signed by the licensee and customer; and (2) Contain all of the terms of the repayment plan, including, without limitation,

the total amount due under the terms of the repayment plan. 6. Each time a customer who enters into a repayment plan pursuant to this section

makes a payment pursuant to the repayment plan, the licensee shall give to the customer

a receipt with the following information: (a) The name and address of the licensee; (b) The identification number assigned to the loan agreement or other information

that identifies the loan; (c) The date of the payment; (d) The amount paid; (e) The balance due on the loan or, when the customer makes the final payment, a statement

that the loan is paid in full; and (f) If more than one loan made by the licensee to the customer was outstanding at

the time the payment was made, a statement indicating to which loan the payment was

applied. 7. If a customer who enters into a repayment plan pursuant to this section defaults

on the repayment plan, the licensee may, to collect the outstanding balance, commence

any civil action or process of alternative dispute resolution or repossess a vehicle

as otherwise authorized pursuant to this chapter.