Overview of Small Claims
Small Claims - Frequently Asked Questions
Serving a Small Claims Complaint or Counterclaim
General Questions
WHAT IS A SMALL CLAIMS CASE?
Any claim for money in an amount less than TEN THOUSAND ($10,000) Dollars is a small claims case. NRS 73.010
If your case requests something other than money (you want the Court to make the other party return property, or stop making loud noises at night), or is for more than $10,000, it is not a small claims case.
WHERE CAN I GET MORE INFORMATION AND INSTRUCTION ABOUT SMALL CLAIMS CASES?
Our website has more information about all stages of the small claims process here. Follow the links to learn more.
You can also sign up for a FREE small claims class here! Follow the link for class times and sign-up information.
Watch this short video, titled Introduction to Small Claims Court. Different Small Claims Courts have different rules, so make sure you're following the right set of rules. To watch the entire small claims video series, click to visit our Videos page.
The small claims video series was made possible thanks to a grant from the State Bar of Nevada's Lawyer Referral and Information Service.
You can see how a small claims case moves through the different justice courts by reviewing the flowcharts linked below.
Flowchart - Small Claims - Las Vegas Flowchart - Small Claims - Henderson and NLV
WHAT WILL IT COST TO FILE MY SMALL CLAIMS COMPLAINT?
The amount of your claim will determine the amount of your filing fees.
The current filing fees are:
$66.00 for claims between $0.00 - $1,000.00
$86.00 for claims between $1,000.01 - $2,500.00
$106.00 for claims between $2,500.01 - $5,000.00
$146.00 for claims between $5,000.01 - $7,500.00
$196.00 for claims between $7,500.01 - $10,000.00
If you are unable to pay the filing fee, you can request that the court waive fees by filling out and submitting one of the applications listed below.
Henderson | Las Vegas | North Las Vegas
CAN I HIRE AN ATTORNEY FOR MY SMALL CLAIMS CASE?
Yes, attorneys can represent clients in small claims cases. However, you will be solely responsible for paying your attorney’s fees and you cannot request that the other party reimburse you.
HOW DO I FIGURE OUT HOW MUCH TO SUE FOR?
You must decide the exact amount you want to ask for. The judge can award you less than you have requested, but they can never award you more. This makes it critical to know how much you have lost. Here are some things to know about calculating value.
- Auto/Home Repairs? - Get repair estimates to show the likely repair cost.
- Replacement cost? - Be aware the judge might only consider the current value of the lost or destroyed item, not the cost to buy a new one.
- Other Costs? - Some things (like lost wages, parking, photocopies, or babysitting services) may not be recoverable. Research may be necessary to see what you are able to collect.
If you believe you are owed more than $10,000, you can still sue in Small Claims Court - but you give up (or "waive") any amount above $10,000.
You cannot split one large claim into two or more smaller claims in order to file your case in Small Claims Court. Your total award cannot be more than $10,000, even if you are asking for punitive damages or pain and suffering.
WHERE DO I FILE MY SMALL CLAIMS CASE?
Knowing where to correctly file your complaint is critical. If it's filed in the wrong court, that judge will not have the authority to hear the matter. They may dismiss your case. Also, forms and procedures vary between courts.
How do you figure out in which township you should file?
Your complaint should be filed in the township where:
- The person you are suing currently lives, works, or does business; or
- The person you are suing lived, worked, or did business at the time of the incident for which you are suing; or
- The injury to the person or property happened; or
- The obligation under a contract was supposed to be performed or is supposed to be performed. - NRS 73.010
There are eleven justice courts in Clark County organized by township (e.g. Las Vegas, Henderson, North Las Vegas). Visit Justice Courts for court location and contact information.
HOW CAN I FIND OUT MY COURT DATE?
Once you file your complaint, the court will set a trial date and print that date on the Small Claims Complaint. You will be responsible for serving the other party a copy of the complaint that includes the trial date.
If you are unable to attend your court date, you can request a new date by filing a Motion to Continue. File this motion as soon as you discover that you can’t make the court date.
Motion to Continue - All Jurisdictions
CAN I APPEAR AT HEARINGS BY TELEPHONE?
You may be able to appear by phone. File a Motion for Telephonic Appearance to request the ability to attend your hearing via telephone. This motion also should be filed as soon as you know that you cannot attend the court date in person.
Motion for Telephonic Appearance - All Townships
HOW DO I SUBMIT DOCUMENTS TO THE COURT?
If you have material that you think the court needs to see before your hearing, you can submit it along with a Documents in Support form.
Documents in Support - All Townships
Serving a Small Claims Complaint or Counterclaim
If you are filing a complaint or a counterclaim in small claims court, a copy of that document must be delivered to the other party. Your case cannot move forward until this happens. Below are some frequently asked questions about serving complaints and counterclaims in small claims court.
HOW DO I SERVE MY SMALL CLAIMS COMPLAINT?
A copy of the complaint must be delivered to each defendant, notifying them that they have been sued. Personal service of the complaint to a defendant is done when they are either handed a copy of the document or the document is handed to a suitable person (anyone over fourteen who lives in the home qualifies as a suitable person) who lives in the home.
If a case involves the use of an automobile, you may be able to serve the other party through the Nevada Department of Motor Vehicles. - NRS 14.070
If the other party lives in a gated community, you may be able to complete service by delivering a copy of the complaint with the guard at the gate. - NRS 14.090
If you are suing a landlord, you may be able to serve a property manager, or the agent who entered into a rental agreement on behalf of the landlord. - NRS 118A.260 (3)(a)
WHO CAN SERVE MY SMALL CLAIMS COMPLAINT?
The Civil Law Self-Help Center recommends using the Constable’s office for serving your documents. The Constable’s office will charge a fee to attempt service. That fee will vary depending on which township serves the documents and how far the constable has to drive to serve them. For more information, visit Constables & Sheriffs and contact the appropriate office.
If you want someone other than the Constable or a private process server to attempt to serve your documents, you must make sure that person is over the age of eighteen AND not a party in the lawsuit.
HOW DO I PROVE TO THE COURT THAT MY SMALL CLAIMS COMPLAINT WAS SERVED?
The person who serves your complaint must complete an Affidavit or Proof of Service. This document states when and how your complaint was served. It must be filed in order to show the court that the defendant was properly served. Proof of service should be filed with the court as soon as possible.
Proof of Service - North Las Vegas | Proof of Service - All Other Townships
If you use the constable, sheriff, or a private process server, they will file the Affidavit of Service for you or give it to you to file in your case.
Without proper proof of service, the court will not hear your case.
WHEN DO I SERVE THE OTHER PARTY A COPY OF THE COMPLAINT?
The other party must be served at least fourteen business days before your trial or mediation.
HOW CAN I FIND INFORMATION ABOUT THE DEFENDANT SO I CAN HAVE THEM SERVED?
You must obtain the correct name and address for each Defendant. Basic internet search can yield helpful results. There are also government records you can search. For example:
Clark County Assessor - The Assessor's records show who owns real property. Click to visit the Clark County Assessor website.
Clark County Recorder - This office keeps records on property, marriages, divorces, deaths, and births. There may be a fee to view some records. Some records are not available online and can only be viewed at the recorder's office. Click to visit the Clark County Recorder website.
Court Records - A person’s name can be used to see if they have recent traffic violations, justice court civil suits, and district court civil or criminal cases. While their address may not be available online, you can go to the courthouse in person. Recent traffic tickets can be especially helpful because they usually contain an address and driver's license number. Click to visit Look Up My Case for instructions.
To learn more about who to sue, sign up for the FREE small claims class. The class is offered in both English and Spanish. Click to visit Free Classes for information.
WHAT IF I HAVEN’T BEEN ABLE TO GET THE OTHER PARTY SERVED?
If your process server has been unable to personally serve the other party, you can ask the court for permission to serve them by certified mail. You must complete the forms below and wait for the judge to sign an order giving you permission to serve by certified mail instead.
Las Vegas | All Other Townships
Suing a Business
HOW DO I SERVE A BUSINESS WITH A COPY OF THE COMPLAINT?
If you are suing a business, you may have to serve your complaint more than once. For example, if a business is owned by a person, the complaint must be served to them and also to the business (e.g., "Jane Smith d.b.a. ABC Antiques," which means Jane Smith "doing business as" ABC Antiques).
Businesses in Nevada are required by law to name a person whose role is to accept service of lawsuits for them. This person is usually referred to as a company’s registered agent.
The Nevada Secretary of State’s website contains a business search feature. You can search for a company’s registered agent here.
If a business has not updated their information with the Secretary of State, there are other methods of serving a business.
Businesses incorporated in Nevada can be served by personally serving the President, Secretary, or managing agent of the company.
If they are incorporated outside of Nevada, the complaint can be served on the company’s managing agent, cashier, or secretary.
HOW DO I KNOW IF I HAVE THE CORRECT NAME OF THE BUSINESS I AM SUING?
You must make sure that you are suing the business under its correct business name. You might know a business as "ABC Antiques," but its legal name may be completely different.
Fictitious Firm Name Search - When a business uses a name other than its own, it must file a Fictitious Firm Name Certificate with Clark County. To find out if a business uses a fictitious name, contact the Clark County Clerk or use the searchable database of fictitious business names on the clerk’s website. Click to go to the Clark County Clerk Fictitious Name Search page.
The Secretary of State's Office - The Secretary of State has a searchable database of businesses operating in Nevada. Click to visit the Nevada Secretary of State search page.
The Clark County Clerk's Office - This office has a database for Clark County businesses. Click to visit the Clark County Clerk Business License Search page.
City Business License Searches - You can also search business license information in the city where the business operates. Click to visit the business license search pages for the City of Las Vegas, the City of Henderson, or the City of North Las Vegas.
Other Resources
I HAVE QUESTIONS THAT AREN’T COVERED HERE. WHO CAN I ASK?
The Civil Law Self-Help Center is open from 7a.m. – 5 p.m. on Monday through Thursday and 8 a.m. – 4 p.m. on Friday. No appointment necessary.
The Legal Aid Center of Southern Nevada provides small claims classes free of charge. Click here to see the class schedule. Click here to register.
