Small Claims

Monetary Limit:
Small claims cases are to recover money, and claims cannot exceed the jurisdictional limit. The limit for the state of Nevada is $10,000, as set by statute.

Parties:
The person filing the claim is called the Plaintiff. The person responding to the claim is the Defendant.

Statutes of Limitations: 
Small claims cases are governed by statutes of limitation, as recorded in Nevada Revised Statute (NRS). A statute of limitation is a law setting a time limit on when a plaintiff may file a case. If the plaintiff waits to file a case until after the statute of limitations has run out, the case can be dismissed. In Nevada, many statutes of limitations are found in NRS 11.190.

Information for Filing a Small Claims: 
The Plaintiff should investigate the Defendant's place of employment, his/her bank account number and branch, vehicle registration, 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. This is an important step as 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, the Plaintiff may proceed with the Small Claim filing. However, the Plaintiff must wait fifteen (15) days for a reply before proceeding. All claims must include a return receipt or the original envelope marked "refused or undeliverable." 
• The claim is for money only and does not exceed $10,000. If the claim is for more than the limit, the Plaintiff may waive any amount over the limit. Claims cannot be divided into two separate actions. 
• The Defendant must reside, do business in, or be employed in Henderson Township at the time of filing the complaint, or was so when the cause of action arose; or in cases involving injury to the person or property, Henderson is the location where the injury occurred; or in cases involving a contract to perform an obligation, Henderson is where the obligation is or was to be performed.
• Plaintiff must be at least 18 years of age.

Where the Defendant is a business:
It is 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 https://www.nvsos.gov/sos

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.

Service of the Affidavit of Summons: 
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 thirty (30) calendar 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) 455-7951. 

Evidence for Trial:
Evidence for court must be in print form and clearly labeled. Each piece of evidence must include at least three copes. 

Forms

Forms must be typed and legible.

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Small Claims8 documents

• Information for Suing Someone in Small Claims
  document seq 1.00
• Demand Letter
  document seq 1.10
• Affidavit of Complaint Small Claims (Must be signed by Court Clerk before being served)
  document seq 2.00
• Affidavit of Complaint CounterClaim
  document seq 2.50
• Affidavit of Service
  document seq 3.00
• Motion to Place on Calendar
  document seq 4.00
• Motion for Service of Complaint by Certified Mail
  document seq 4.10
• Information For After Judgment
  document seq 5.00

Execution7 documents

• Examination of Judgment Debtor Hearing - Motion and Order
  document seq 1.00
• Notice of Execution
  document seq 2.00
• Writ of Execution
  document seq 3.00
• Writ of Garnishment
  document seq 4.00
• Claim of Exemption from Execution
  document seq 5.00
• Satisfaction of Judgment
  document seq 6.00
• Application and Order for Satisfaction of Judgment
  document seq 7.00

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