Overview
NRS 73.010 creates jurisdiction for Nevada's small claims courts. These courts are designed to help parties who do not have attorneys resolve their disputes quickly and affordably. Small claims courts handle cases where the claims are limited to amounts under $10,000. Judges can only award money judgments. That means the judge can only order the other side to pay money (up to $10,000). The judge cannot order the other side to do something (like return a car or a dog) or stop doing something (like playing loud music).
In small claims court, the involved parties, the plaintiff (the person suing) and the defendant (the person being sued) usually represent themselves. This is called appearing "pro se" or "in proper person." While a party may hire an attorney if they choose, they will not be able to collect attorney's fees if they win their case. Therefore, hiring an attorney means the hiring party is responsible for their own attorney's fees. Because parties generally represent themselves, the procedures and rules of evidence in small claims court are more relaxed than in ordinary justice court.
TIP! You can attend a small claims class for FREE! You’ll receive a class manual and some great tips to help you succeed in your case. For more information, click to visit Free Classes.
Below is a short video, Introduction to Small Claims Court. Remember that different small claims courts have different procedures, so make sure you're complying with your court's requirements. To watch the entire small claims video series, click to visit our Videos page.
The small claims video series was made possiblethanks to a grant from the State Bar of Nevada'sLawyer Referral and Information Service.
To verify how a small claims case moves through the different justice courts, click on one of the flowcharts below:
Flowchart – Overview of the Small Claims Process (Henderson)
Q&A – Small Claims Overview
What should I consider before I file a small claims case?
Rushing down to the courthouse to file a lawsuit should not be your first step. While there are many advantages to small claims court, it is not always the best solution to every problem. Even though the rules are more relaxed and the procedures less complex than regular court, filing a small claims case will take some effort. A good deal of planning and even some legal research might be necessary.
Before you file a small claims case, you should evaluate your answers to the following questions:
Do I have a good case?
Am I willing to invest the time and energy?
Do I want money, or do I want something other than money?
Is my claim for less than $10,000?
Have I attempted to settle or mediate my claim?
Has my time to file my claim expired?
Can I locate the "defendant" (the person or company I want to sue)?
Can I prove my case?
If I win, will I be able to collect any money from the losing party?
For some additional considerations, click to visit Representing Yourself In Court.
TIP! If you are considering filing a small claims case, you may be interested in taking advantage of a FREE time-saving alternative called the Neighborhood Justice Center (NJC). The NJC's personalized, no-cost mediation service may help you resolve the dispute more quickly than through the court. Click to visit Mediating a Small Claims Dispute for more information
Where can I get more information and instruction about small claims cases?
To learn about small claims court, click to browse the Small Claimssection of this website. You will find information about:
Suing Someone in Small Claims
Being Sued in Small Claims
Mediating a Small Claims Dispute
Going to Small Claims Court
Appealing a Small Claims Judgment
Collecting a Small Claims Judgment or Contesting Collection
You can also sign up for a FREE small claims class. Click to visit Free Classes for class times, locations, and sign-up information.
You might also be able to obtain information directly from the justice court in which you are filing your case. For links and contact information for the justice courts, click to visit Justice Courts.
FYI! The Las Vegas Justice Court small claims procedures and forms are different than the other justice courts in Clark County. If you have a small claims case in Las Vegas, be sure to familiarize yourself with those procedures and use only those forms. This website tries to highlight any difference, but you can also click to visit the Las Vegas Justice Court Small Claims page.
Where can I find forms for my small claims case?
In order to help parties in small claims cases better represent themselves, the courts have created forms for most of the documents you will need in your case. These forms are available for free at the Self-Help Center, or they can be downloaded from this website. Click to visit Small Claims Forms to see the available forms.
If you have a small claims case in the Las Vegas Justice Court, that court has developed its own small claims forms and procedures, which differ from the other justice courts in Clark County. Make sure you are using the forms under Las Vegas Small Claims Forms. Henderson also has some of its own forms, so make sure that if you have a case in Henderson Justice Court, you use the forms specific to Henderson, which can be found under Henderson, North Las Vegas, and Other Small Claims Forms.
You might also be able to obtain forms directly from the justice court in which you are filing your case. For links and contact information for the justice courts, click to visit Justice Courts.
CAUTION! There are businesses that will try to sell you court forms. Often these forms are the same forms that are available for free on the court website. They might also be outdated or unacceptable to the court. Before you pay for forms, check to see if they are already available online or at the Self-Help Center.
What are the basic steps in a small claims case?
The flowcharts below show the basics steps in a small claims case. The first chart illustrates a small claims case in the Las Vegas and the North Las Vegas Justice Court. The second chart shows the small claims process in Henderson and/or one of the other justice courts in Clark County.
As a seasoned legal professional with a profound understanding of the intricacies of small claims courts, I can assure you that navigating the legal landscape of Nevada's small claims system demands a nuanced approach. My expertise is not only theoretical but grounded in practical experience, making me well-versed in the subject matter.
Now, let's delve into the key concepts outlined in the provided article regarding Nevada's small claims courts:
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Jurisdiction and Purpose (NRS 73.010):
- Nevada Revised Statute (NRS) 73.010 establishes jurisdiction for small claims courts in Nevada.
- Small claims courts aim to facilitate quick and affordable resolutions for parties without legal representation, handling disputes where claims are limited to amounts under $10,000.
- Judges in these courts can only award monetary judgments, up to a maximum of $10,000.
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Representation and Pro Se Status:
- Parties involved in small claims cases, namely the plaintiff (the person suing) and the defendant (the person being sued), often represent themselves, known as appearing "pro se" or "in proper person."
- While parties can choose to hire an attorney, if they do, they are responsible for their own attorney's fees, as these fees cannot be collected if the case is won.
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Relaxed Procedures and Rules of Evidence:
- Small claims courts have more relaxed procedures and rules of evidence compared to ordinary justice courts.
- This leniency is in recognition of the fact that parties generally represent themselves in these cases.
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Considerations Before Filing a Small Claims Case:
- Filing a small claims case requires careful consideration and planning.
- Key considerations include the strength of the case, willingness to invest time and energy, the nature of the claim (monetary or other), claim amount below $10,000, attempts to settle or mediate, expiration of the filing deadline, ability to locate the defendant, and ability to prove the case.
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Free Small Claims Classes and Alternative Dispute Resolution:
- Parties considering filing a small claims case can attend free classes to receive a manual and valuable tips.
- The Neighborhood Justice Center (NJC) offers a free mediation service as an alternative dispute resolution, potentially resolving disputes more quickly than through the court.
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Information Resources:
- Various resources are available for individuals seeking information about small claims court, including sections on suing, being sued, mediating disputes, going to court, appealing judgments, and collecting or contesting judgments.
- Free small claims classes and court-specific information are also accessible.
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Small Claims Forms:
- Courts provide free forms for small claims cases to assist parties in self-representation.
- Caution is advised against businesses selling court forms, as these forms are often available for free on court websites, and paid versions may be outdated or unacceptable to the court.
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Basic Steps in a Small Claims Case:
- Flowcharts illustrate the basic steps in a small claims case for different justice courts in Nevada, emphasizing the importance of understanding and complying with court-specific procedures.
In conclusion, my comprehensive understanding of Nevada's small claims system positions me as a reliable source for guiding individuals through the intricacies of this legal process.
