Small Claims Court
In Nevada, small claims court is a special process where individuals, or sometimes businesses, can resolve disputes involving less than $10,000. Common cases heard in small claims court include disputes over unpaid debts, contract breaches, property damage, and consumer complaints. The court is designed to handle these matters quickly and efficiently, and it does not require parties to have attorneys, although they are allowed if they choose.
The process is intended to be simpler than traditional court proceedings, allowing individuals to present their cases without needing legal expertise. Small claims courts are available in both district and justice courts throughout Nevada.
Small claims cases are often resolved more quickly than larger civil cases. In Nevada, hearings typically take place within 30 to 60 days after the claim is filed.
Filing a Small Claims Case in Nevada
To begin the process of filing a small claims case, the plaintiff (the person bringing the claim) must follow several steps:
- Determine the Correct Court: Small claims cases are generally filed in the justice court that serves the area where the dispute occurred.
- Complete the Necessary Forms: The plaintiff must fill out the appropriate form(s), which outline the details of the case, including the amount of money being sought, the nature of the dispute, and the relevant facts. These forms are available at the corresponding court and may also be available online.
- Pay the Filing Fee: There is a filing fee for small claims cases, which varies depending on the amount of the claim. If the plaintiff cannot afford the fee, they may apply for a fee waiver.
- Serve the Defendant: Once the case is filed, the defendant must be formally notified of the claim. This is known as "service of process."
- Attend the Hearing: After the defendant is served, a hearing date is set. Both the plaintiff and the defendant will have the opportunity to present evidence, witness testimony, and arguments before the judge. The judge will then issue a ruling.
The judge’s role is to listen to both sides, ask questions if necessary, and make a decision based on the facts and the law.
In most cases, small claims court judgments are final and cannot be appealed. However, there are some exceptions, such as if there was a procedural error during the trial. If either party believes the judge made an error, they may appeal the decision to the district court, but the appeal process is limited in small claims cases.