Filing Your Small Claims Case
A step-by-step guide to filing and serving your small claims complaint.
In this section, you will learn how to demand payment from a defendant, fill out, file and serve a small claims complaint, and prepare for trial.
STOP!!! ONLY PROCEED WITH THESE STEPS IF YOU KNOW THE FOLLOWING:- The name and the address of each Defendant.
- The exact amount of damages you are asking for.
- The correct township to file your complaint.
If you don't have this information, or don't know how to get it, visit our Frequently Asked Questions page here.
There are five basic steps to filing a small claims case. They are:
Step 2: Fill out and File Your Complaint
CAUTION! There are paralegals and notarios who will offer to assist you for a fee. These people are generally not attorneys; they cannot represent you in court or give you legal advice. Many of the things they will charge you for are available for free. Before you pay for help, check to see if the Self-Help Center has the information and resources you need.
Watch How To File A Small Claims Case, a short video outlining the basics of filing a small claims case in Clark County. Remember that different small claims courts have different procedures, so make sure you are following the rules of your court. 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.
Step 1:Demand Payment
Most townships in Clark County require a plaintiff to send a demand letter before filing a complaint. This letter should demand payment and it must be served on the Defendant by certified mail, return receipt. This letter must go to each person or business you plan to sue.
IN LAS VEGAS TOWNSHIP YOU MAY SKIP THIS STEP AND GO DIRECTLY TO FILING YOUR COMPLAINT.
You will still need to be able to show the court that you made a demand for payment, but you no longer have to wait ten days before filing.
Below are some tips for writing your demand letter:
Be easy to understand. Whether typed or handwritten, your letter should clearly state:
- how much money you believe you are owed, and
- why you believe you should receive it, and
- end your letter by stating you will pursue the matter in Small Claims Court if you cannot reach an agreement.
Keep your letter polite and professional. The demand letter is an attempt to settle the dispute without going to court. Insults and unprofessional language may only make matters less likely to settle.
Keep a copy of your demand letter. You will attach a copy of your demand letter to your complaint. If you don't have a copy to attach, your complaint may not be accepted.
A free demand letter form is available at the Civil Law Self-Help Center.
SMALL CLAIMS DEMAND LETTER
Henderson | All Other Townships
Step 2: Fill Out and File Your Complaint
Below are links to the Small Claims Complaints for Clark County. You can type your complaint or use black ink. Write clearly. For more information on filling out legal forms, visit Basics of Court Forms and Filing.
Henderson | North Las Vegas | All Other Townships
There is also an automated interview available. You are asked a series of questions about the case and a Small Claims Complaint is generated automatically. You can click here to visit the website. Search for the link labeled "SMALL CLAIMS: Complaint (Clark County)".
After your complaint is completed, file in the appropriate township. Visit Justice Courts for court locations and contact information.
CAREFUL!!! To file in Las Vegas Justice Court, you must have a working e-mail address. The court electronically files all documents and will send you notifications by email. In other townships you should check your email and regular mail daily; notices can arrive either way. Check your "junk" email folder in case emails from the court get directed there. For more information about electronic filing, visit the Las Vegas Justice Court website.
If you are filing your complaint somewhere other than Las Vegas Township, you must complete and file a Civil Court Cover Sheet along with your Complaint.
CIVIL COURT COVER SHEET
SMALL CLAIMS CHECKLIST - Below is a list of documents you will need to succesfully file your small claims complaint:
LAS VEGAS
When you go to the court clerk to file your complaint (or if you are filing on-line), you will need:
The original complaint; and
The correct filing fee, OR a completed fee waiver application.
OTHER TOWNSHIPS
For all other townships, you will need the following to file your small claims case:
Your original complaint and at least two copies;
One copy of the demand letter you sent;
One copy of the demand letter return receipt postcard you received;
A Civil Court Cover Sheet; and
The correct filing fee OR a completed fee waiver application.
If you are unable to pay the filing fee, you can file an Application to Proceed in Forma Pauperis (sometimes called a "fee waiver application"), which is available for free at the Self-Help Center. You can also download the form on your computer by clicking below:
APPLICATION TO WAIVE FILING FEE
Las Vegas | Henderson | North Las Vegas
Step 3: Serve the Complaint.
If you have questions about how to serve a defendant a copy of the Small Claims Complaint, visit our FAQ page.
Watch the following video, Serving Your Complaint To The Defendant. Different courts have different procedures, so make certain you know your court's requirements. You can watch all of the small claims videos here.
NOTE! The rules in Las Vegas Justice Court have changed since the creation of this video. The plaintiff no longer has to serve the defendant an answer form, and the defendant is no longer required to file an answer.
You must have your complaint served as soon as possible but no later than 14 days before your hearing.
Take your documents to the Constables office. They will serve the documents for a fee.
Get a file-stamped copy of your complaint from Justice Court; this will have the court date filled in by the Court.
Make two (2) copies of that complaint.
Provide the copies and the Defendant's address to the Constable. The Constable is located at 330 S. Third, #600, Las Vegas NV 89101.
After the Constable serves the complaint, they will fill out and file the Proof of Service form.
If a private process server or another person served the complaint, they will need to fill out the Proof of Service form for you to file with the Court. This must be filed at least ten (10) days prior to the hearing.
Your preparation for trial depends on where your trial is going to be held. For instance:
- In Las Vegas, you simply attend the small claims trial that was set by the court clerk when you filed.
- In North Las Vegas, you must attend the mandatory mediation at the North Las Vegas courthouse that was set by the clerk when you filed your case. If you are unable to settle your dispute through mediation, the court will schedule a small claims hearing later.
- In Henderson (and small claims courts other than Las Vegas and North Las Vegas), you will attend the small claims hearing that was set by the court clerk when you filed. On your hearing date, the court may require you to attempt mediation before your small claims hearing.
Click here to learn more about mediating a small claims dispute.
If mediation was unsuccessful or wasn't required, you should begin preparing for your trial. Watch this video, called Small Claims Hearing - What to Expect. This two minute video will give tips on how to put together your documents, how to subpeona witnesses, and how the case will be argued before the court. You can watch the full series of small claims videos here.
INTERPRETER NEEDED? - If you or a witness are more comfortable speaking in a language other than English, you can arrange for an interpreter. To learn more about using an interpreter, visit here.
PREPARING YOUR CASE
It is important to remember that when your trial date comes, you will not have several hours to explain your position to the court. You will need to explain your position briefly but completely. Show the court your best information on the following:
- The most important facts and details about your case (what happened and who caused the damage);
- How much money you believe the defendant owes you; and
- Why you believe you are entitled to the money.
If you have documents to present to the court, you will need to bring the original as well as two copies. The original will become evidence that you submit to the court, and the copies are given to the parties. One for you, one for the defendant.
Step 5: Attend the Hearing
THIS IS YOUR DAY IN COURT! BE READY!
ARRIVE EARLY - One of the most important things you can do on the day of your trial is give yourself enough time to park, walk to the courthouse, go through security, and find your courtroom. If you are not in the courtroom when your case is called, your case could be dismissed and you would have to start from the beginning.
DRESS APPROPRIATELY - You aren't required to wear a suit and tie, but you need to dress for the courtroom. No shorts, flip-flops, tank tops or halter tops, or shirts that show your midriff should be worn. Hats and sunglasses will have to be taken off in the courtroom.
PAY ATTENTION - There will be other cases on the court's calendar that day. Before the hearings begin, the judge will usually ask who is present and ready to present their case. Pay attention and respond promptly when the judge calls your case. Follow their instructions and be ready to present your case when you are called. Good luck!
