Filing a Small Claim in Clark County, Nevada

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Small claims courts are courts of limited jurisdiction that are designed to hear civil cases between private litigants.  Their purpose is to prevent clogging up the formal court system with relatively petty matters through a less formal forum.  Small claims courts also limit the judgments awarded.  This limit is generally set at $5,000 – though it may vary from jurisdiction to jurisdiction.

 

The rules of civil procedure and evidence are typically simplified in small claims proceedings to allow non-lawyers to litigate their matters without the help of a costly attorney.  Formal and costly procedures, such as depositions, are not allowed in small claims, and generally speaking, neither is a trial by jury.

 

Filing Small Claims in Clark County, Nevada

 

Any individual over 18 years of age can file in Clark County Small Claims Court for damages of up to $5,000.  You may bring an action in Clark County if the defendant resides, works, or does business within the jurisdiction.  Prior to filing your small claim, you must show proof that payment has been demanded outside the courtroom.  A letter sent by certified mail will adequately show that such a demand has been made, though you must allow a sufficient time for a reply - the court suggests ten days.  The appropriate forms to file for a small claim may be found on the Clark County Courthouse website. 

 

There is a court fee to file a small claim in Clark County that varies based on the amount of your claim.  For suit amounts up to $1,000, the fee is $46; amounts over $1,000, but not more than $2,500, cost $66 to file; and any other amount up to $5,000 requires a fee of $86.  These fees are due at the time of filing and may be made by cash, credit card, personal check, money order, or cashier’s check.

 

After you file, the next step is to serve the defendant. The Return of Service Proof must be returned to the Court in no less than ten days from the date of the hearing.  In the case of filing a claim against a business, the process depends on if the business is incorporated.  If it is incorporated, you have to include the name under which it is incorporated as well as a name and address of either a corporate officer or the registered agent.  If you have trouble finding this information, you may contact the Business Division of the Nevada Secretary of State’s office.

 

The Clark County Court System has deemed personal service the only valid way to effect service on the defendant.  The one exception is if the defendant lives in a gated community.  In this case, the judge may allow for service by certified or registered mail with a return receipt requested.  The court must approve prior approval for service by mail, however.  To properly execute service, the Small Claim Complaint Affidavit should be served to the defendant. 

 

For more information about the Clark County small claims process, visit the court’s website.