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Wednesday, August 27, 2014
Henderson

Small Claims

Henderson Justice Courts hears small claims cases up to $7,500.

Information for Filing a Small Claims:
The person bringing the action is known as the Plaintiff. The person being sued is known as the Defendant. Plaintiff or Plaintiff's attorney must present the claim.  The clerk will assign a court date to the claim within 90 days from the date of filing. The Plaintiff should investigate the Defendant's place of employment, his/her bank account number and branch, registered owner of automobile, etc. prior to the court date to ensure that the judgment is collectible. Then, if  the Defendant does not pay, collection may be possible by attaching one of the following: wages, bank account, automobile, etc. The Court does not investigate the claim.  Either party may subpoena witnesses at their own expense after the case has been served and the Court has received the Affidavit of Service. There is no fee for issuing a subpoena; however, the Constable's Office will charge for service.

Claims may be filed provided: 

  • Plaintiff has made a demand for payment of the amount claimed by writing a letter to the Defendant requesting payment and sending same by Certified Mail, Return Receipt Requested. If the demand letter was refused or unclaimed Plaintiff may proceed with the Small Claim filing, otherwise, wait fifteen (15) days for a reply before proceeding. Return receipt or the original envelope marked "refused or undeliverable" must accompany all claims. 
  • The claim is for money only and does not exceed $7,500. (If the claim is for more than the limit, Plaintiff  may waive any amount over that and sue for the limit. Claims cannot be divided into two separate actions. If a claim exceeds the limit, it is suggested that the claimant contact an attorney).  
  •  The Defendant must reside, work, or do business in the Henderson Township, (a current address, not a P. O. Box of the Defendant is required). If the party lives, works, or does business in North Las Vegas, the claim may be filed in North Las Vegas Justice Court at 2428 Martin Luther King Blvd., North Las Vegas, Nevada, phone (702) 455-7801. If the party lives, works, or does business in Las Vegas, the claim may be filed in Las Vegas Justice Court at 200 Lewis Avenue, Las Vegas, Nevada, phone (702) 671-3478. If you do not know which jurisdiction is correct, use the Interactive Jurisdiction Locator
  •  Plaintiff must be at least 18 years of age. 

Where the Defendant is a business: It is very important to have the correct information before filing the claim.  The following information is required: 

If Defendant is a corporation, the corporation must be named and the claim served on a corporate officer or the resident agent.  Information on corporations and a list of officers that can be served may be obtained from the State of Nevada, Secretary of State, Corporation Commission, 555 East Washington, Las Vegas, Nevada 89125, phone (702) 486-2880, or 1(800) 992-0900.  Information may be available on their website at http://sos.state.nv.us     

If the Defendant is an unincorporated business owned by an individual, the suit is against the owner and the business (e.g. John Smith d.b.a. Smitty's Services). This information may be obtained from Business License Offices. If the business is located within the City of Las Vegas, the Business License Office is located at City Hall, 400 East Stewart Avenue, Las Vegas, Nevada, phone (702) 229-6281. If the business is located in unincorporated Clark County, the Business License Office is located in the Clark County Government Center, 500 South Grand Central Parkway, Las Vegas, Nevada, phone (702) 455-4252. The City of Henderson Business License office is located at 240 Water Street, Henderson, Nevada 89015, phone (702) 267-1730.  The filing fee for your claim depends on the amount of money sued for. 

Service:  The Constable, a private process server or a disinterested third party may be utilized.  If the Defendant is not served, the case will not be heard.  The Return of Service Must be received in Henderson Justice Court a minimum of 10 working days prior to the Court date.  The Court assigns a court date to the claim at the time it is filed.  This date, however, is tentative.  To confirm the court date, contact the Court at least one day prior to the court date at (702) 455-7980. 

Mediation:  The Judges in Henderson Justice Court have mandated that parties must meet with a mediator prior to a hearing.

Please Remember: If you are the Plaintiff, this is your claim. The Court will file your claim from the information provided. The Court does not investigate addresses, employment, bank accounts, etc.  The Court does not collect money.  If the Court  awards Judgment, you are responsible for locating all information needed to collect on that Judgment.  The Court does not give legal advice; court personnel may only explain procedures. 

Small Claims Forms