What Is a Small Claims Court in Nevada?
According to the Justice Court Rules of Civil Procedure, small claims action in Nevada involves a claim for a money sum that does not exceed $10,000. The different Justice Courts in the state handle small claims actions as a court of limited jurisdiction. It means the court may not grant an order to return any property as a judgment in a small claims action. To file a small claims action, the individual bringing the action must be at least 18 years old.
How Do Nevada Small Claims Courts Work?
Small claims actions in Nevada are inexpensive and informal because the procedures are not as formal as other Nevada Courts. Generally, the party bringing an action is the plaintiff, while the party being sued is the defendant. The Justice of the Peace of the Justice Court presides over a small claim action. Generally, parties in a small claims action may appear pro se, that is, self-representation. Although there is no rule against employing the service of an attorney, the attorney's fee is not covered by the court judgment sum.
The Justice Court in the different counties administers different rules to small claims action. For instance, Henderson Justice Court mandates parties in a small claims action to mediate with the Neighborhood Justice Center (NJC). The mediation has to happen before the small claims hearing but on the same date. If the mediation fails, the hearing goes forward. The Justice Court in Las Vegas Justice Court and North Las Vegas Justice Court does not mandate mediation. However, parties may go for mediation before the court delivers judgment. For other Justice Court, contact the relevant Clerk of Court using this court directory.
After each small claims action at the Justice Court, the presiding Justice of Peace usually delivers a binding judgment on parties. Parties do, however, reserve the right to appeal the decision of the court. If the court delivers the decision in court, the appealing party must file a notice of appeal within five days of the decision. When the court sends the decision via mail, the party has additional three business days to file an appeal. The District Court handles small claims appeals from the Justice Court. While the appeal is ongoing, the Justice Court's judgment is not enforceable until the District Court dispenses the appeal.
How to Take Someone To Small Claims Court in Nevada
The Justice Court rules require the plaintiff to send a demand letter to the defendant(s) before formally suing. Demand letters contain the details of the money sum in dispute and the basis for claiming it. Note that the different Justice Courts do not operate under a uniform procedure. As such, the plaintiff may contact the relevant Justice Court to inquire if there is a specific form for this purpose. In some townships where Justice Courts require the parties to go for mediation mandatorily, the complaint form contains the mediation date.
If the defendant fails to respond to the demand letter within ten days, the plaintiff may file the small claims action at the relevant Justice Court. The plaintiff must file a small claims action in the Justice Court at the township of the defendant's residence or where the defendant runs a business. Otherwise, it may be where the injury occurred or where the parties were to execute the contract. However, the period for filing varies with the courts. To file small claims at the Justice Court, the plaintiff needs to download and complete a small claims affidavit complaint form. The forms may differ in the different Justice Court; contact the relevant Clerk of Court for more information on the appropriate form.
Generally, the complaint form must contain the name of the defendant and the address for service. For businesses, the plaintiff must include the business owner's name and the name of the business. The plaintiff needs to use the defendant's correct names and address when filling the form. The plaintiff may confirm the names of individuals at the County Assessor's office and County Recorder's office. For businesses, check with the Nevada Secretary of State or the city or county business license website. Except in Las Vegas, the plaintiff needs a Civil Cover Sheet when filing a complaint.
In summary, the plaintiff needs the complaint form, copy of the demand letter, copy of the receipt of the return demand letter, civil cover sheet (where applicable). When filing with the Court Clerk, the plaintiff has to pay the correct relevant filing fee. Each Justice Court may have different acceptable payment methods. But generally, payment may be by cash, credit and debit cards, checks, and money orders. A plaintiff who cannot afford the filing fee may prepare a fee waiver application applicable to the Justice Court handling the case. If the court denies the waiver application, the Clerk of Court must notify the plaintiff, and the appropriate filing fee must be paid in two business days, or the case is closed.
Upon completion of the filing process, the court serves the defendant with the complaint form. The court determines the time for service of the complaint form depending on the township of the plaintiff. If the plaintiff cannot effect personal service on the defendant within time, the plaintiff may request a new date. Hence, the plaintiff files a Motion to Continue (Las Vegas) or Application to Reset Expired Court Date (for all other jurisdictions) to get a new hearing date. If the service is successful, the process server must complete and file an affidavit or proof of service (time and date) in court.
At the hearing of the case, the plaintiff has to present first, then the defendant. Parties are at liberty to present evidence or call witnesses. At the end of the hearing, the judge may deliver the decision immediately or take it under advisement to review facts and evidence adduced. In this instance, the Clerk of Court mails the order to the parties. Note that the decision of the Justice of the Peace is called an order. If the court order is in favor of the plaintiff, the defendant is bound to pay the judgment sum. If either party is dissatisfied with the court order, such party may file an appeal within five days of receipt of the court order to the District Court.
If the plaintiff and the defendant resolve the matter before the hearing, parties must put the court on notice. The procedure of each court differs. However, generally, the plaintiff may write a letter to notify the court. Otherwise, the plaintiff may file the relevant Notice of Voluntary Dismissal form where applicable. Also, the plaintiff and the defendant must make sure there is an agreement duly signed by both parties.
How Much Can You Sue For in Nevada Small Claims Court?
Small claims actions in Nevada are for the recovery of money sums. An individual or business may bring a small claims action to any Justice Court in Nevada to recover a money sum not exceeding $10,000. If the claim is more than $10,000, the individual filing the action is deemed to have waived the excess claim, and the case may be transferred to another court with competent jurisdiction to handle such an amount of money.
How to Defend Yourself in Nevada Small Claims Court
After receipt of service of the plaintiff's complaint, the defendant has the option of accepting the plaintiff's claim and paying the money sum due. Otherwise, the defendant may have to show up on the scheduled court date to defend the claims. Usually, after receiving the small claims affidavit of complaint, all the defendant needs to do is attend the mandatory mediation (if it applies) or the hearing. The complaint contains the mediation date (if it applies) and the hearing date. The defendant may then defend the claim by preparing for the case, gathering evidence, and getting witnesses.
A defendant has the right to file a motion to dismiss a plaintiff's small claims. If the defendant believes the plaintiff's claims are defective and should not go on, the defendant may file this motion. For Motion to Dismiss forms, contact the relevant Clerk of the Justice Court. The motion must contain the legal problems in the plaintiff's case, such as:
- The small claims court lacks jurisdiction because the defendant does not currently live, work, or do business in the township.
- The plaintiff's claim is beyond the jurisdiction of the Justice Court, for instance, the return of property.
- The statute of limitation bars the plaintiff's case because of the effluxion of time.
- A bankruptcy court has discharged the debt of the defendant.
If the court sets the defendant's motion for hearing, the Clerk of Court then furnishes the defendant and plaintiff with a hearing notice via regular mail. Alternatively, the Justice of the Peace may issue a written decision without hearing. If the defendant's case is successful, the court may dismiss the case of the plaintiff. The plaintiff also reserves the right to appeal such dismissal to the District Court.
How Long Do You Have to Take Someone to Small Claims Court in Nevada?
A plaintiff filing s small claims action has to pay cognizance to the statute of limitation in the Nevada Revised Statutes. Generally, the statute of limitations for the recovery of claims varies by type of claim. Nevada's civil statute of limitations allows two years for personal injuries and up to four years for rent collection claims.
What Happens if You Don't Show up for Nevada Small Claims Court?
If the defendant fails to attend a scheduled small claims mediation or hearing, the judge may enter a default judgment against the defendant. It means the court will award the money in the claim to the plaintiff. However, the defendant may file a motion to set aside the default judgment within 21 days of receipt of the judgment. There is no extension of time once the time elapses. If the plaintiff fails to attend the mediation or hearing, the court may dismiss the plaintiff's case. However, the plaintiff may file a Motion to Set Aside Dismissal by using the relevant form the court affords. Note that not all Justice Courts accept filing a Motion to Set Aside a Dismissal for default judgment.
If both parties fail to attend the mediation, the court then sets a hearing date. The Court Clerk sends a notification to the parties of the hearing date. Also, after service of the plaintiff's small claims complaint on the defendant, the defendant is expected by law to file a response. If the defendant fails to file a response within the time stipulated in the rules of court, the court may enter a default judgment. However, the plaintiff must file a proof of service at the relevant court for the court to give an order for default judgment.
What are Nevada Small Claims Court Records?
Per the Nevada Public Records Act, Nevada Small Claims Court records are public records. The court records usually contain the names of the parties and the amount of money that the losing party pays. Nevada’s small claims decision reflects on the losing party's credit report.
Where Can I Find Nevada Small Claims Court Records?
The Justice Court Clerk maintains all small claims records of all cases tried in their respective courts in different townships. Interested persons may request a Nevada court record by visiting the relevant Justice Court handling the action. Requests may be in-person, via mail, or through an online platform. Alternatively, interested persons may obtain Small Claims Court records using a reputable third-party site where requesters may search using the names, city, and state of any of the parties in the case.
