How to Ask For a Trial in Small Claims Court in Nevada
Suing in Nevada differs slightly from suing in many other states. The small claims division of the Justice Court only allows either party to sue for a maximum of $5,000. In addition, many Justice Courts require that you try to settle the issue with the defendant prior to filing a small claims suit. In small claims court, you can represent yourself. Lawyers are typically not used, and certainly aren't required.
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Instructions
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Go to the Nevada Justice Court that has jurisdiction over the case and find out if they require that you submit a demand letter before filing a small claims lawsuit. Not all Nevada counties require this. The Justice Court that has jurisdiction over the claim is the one in the county in which the defendant lives, works or does business. If they don't require a demand letter, skip to step four.
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2
Write or type a letter demanding money from the defendant. Before suing the individual or business, you must attempt to resolve the issue yourself. In the letter include the defendant's full name, address, your demand for money and the reason why the defendant owes you. Sign and date the letter. Make a copy of this letter for your records.
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3
Send the letter certified at the post office. Save the post office receipt for the certified mailing. Allow 10 days for the defendant to respond. If there is no satisfactory response, you are free to file a small claim in a Nevada court.
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4
Go to the Court Clerk's office in the Nevada Justice court that has jurisdiction over the case, and request to file a small claims suit. The clerk will verify that you attempted to resolve the issue yourself. Provide the clerk with proof of the certified mailing and a copy of the demand letter. The clerk will also verify that the defendant lives in that county, that you have a current address for him, and that you are seeking $5,000.00 or less. The clerk will hand you a civil complaint form.
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Complete the "Civil Complaint" form. Enter your and the defendant's full name or business name, address and phone number. Explain the details of the suit and enter the amount of damages you're seeking. Remember, the max you can sue for is $5,000.
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Make four copies of the Civil Complaint form. Some courts will charge you to make copies. The court will require the original, plus three copies. Keep one copy for your own records.
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File the "Civil Complaint" form in person at the court clerk's office, or send it to the court clerk by mail. If filing by mail, submit the original form plus three copies, and a check or money order to pay the filing fee. The fee varies per county. In Las Vegas County, for example, the filing fee is between $46 and $86, as of March 2011, depending upon the amount of damages being sought.
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Obtain the "Service of Small Claims Complaint" from the court clerk. You must provide sufficient notice of the suit to the defendant. The defendant must be served by a disinterested third party -- a private process server, the township constable or sheriff. Once the defendant is served, the third-party will provide you with proof of service. Return this proof of service to the court clerk no less than 10 working days prior to the court date. The defendant will also have the opportunity to answer the complaint, and file a countersuit against you.
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Subpoena any witnesses who refuse to appear at least two weeks before the court date. Subpoena forms are available at the court clerk's office. The clerk will prepare the subpoena, but you must pay a process server or the county sheriff to serve the witness. If you win the judgment, the court will deduct a fee of $25 plus $0.19 for every mile the witness had to drive to get to court from your total judgment.
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10
Make two copies of all documents that you will bring to court. Any required documents and documents or other materials that you need to prove your case should be copied.
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Appear in court on the assigned date with the required and necessary documents and materials. The judge will allow you a chance to explain why the defendant owes you money. The defendant will also have a chance to explain his side of the story. To help persuade the judge, submit proof of your claim. Proof may include a contract, repair estimates, photographs, video or even a witness. Once the judge has listened and ascertained the facts of the case, she will make a decision and possibly enter judgment in your favor.
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