How do I file a small claims case in Nevada to recover money owed?
In Nevada, justice (small claims) courts handle actions to recover money only when the amount claimed does not exceed the statutory limit for small claims. Venue is generally the township where the defendant lives, does business, or where the obligation arose. Procedures are informal: cases are usually started by filing an affidavit of complaint and the court sets a trial date, with limited formal pleadings and no formal discovery.
Plaintiffs must serve the defendant after filing and bring their evidence to the scheduled hearing. The judge may allow counterclaims, and if any claim exceeds the small claims limit or raises issues outside small claims jurisdiction, the court may reclassify or transfer those matters. Attorney fees are generally not allowed in these actions unless another law provides otherwise.
Current Nevada law
Every answer cites the statute
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The deadline that matters
Service of the affidavit and order must be made at least 14 days before the trial date.
What Nevada law says
A justice of the peace has jurisdiction over actions for recovery of money where the amount claimed does not exceed the small claims limit, and venue is generally the township where the defendant resides, does business, or where the obligation was to be performed, under Nev. Rev. Stat. § 73.010. Small claims actions are commenced by filing an affidavit of complaint as set out in the rules, and the court’s general justice court procedures apply to make the chapter’s procedures complete and effective, under JCRCP 88 and Nev. Rev. Stat. § 73.060. The court must set a trial date and generally will set trial not more than 90 days from filing unless there is good cause, under JCRCP 90. Service of the affidavit of complaint and order must be made at least 14 days prior to trial and proof of service filed immediately, under JCRCP 91. Trials are informal with no formal discovery, under JCRCP 96. Attorney fees are generally not allowed in these actions, under Nev. Rev. Stat. § 73.040. For affidavits that must be acknowledged, a justice of the peace or a qualified notary public may certify them, under Nev. Rev. Stat. § 73.015.
What to do
A common first step is to confirm the proper township for filing where the defendant lives, does business, or where the obligation arose.
A common next step is to complete and file an affidavit of small claims complaint as allowed by the rules (Rule 88) and pay the filing fee required by the court.
A common step is to arrange service of the filed affidavit and order on the defendant in a court-approved manner and file proof of service, keeping in mind service must be at least 14 days before trial.
A common preparatory step is to gather and organize evidence and witnesses for the informal hearing, since formal discovery is not available.
A common option, if a counterclaim or claim exceeds the small claims limit, is to anticipate the court may reclassify or require separate civil filing under the rules.
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Common questions
What money limit applies in Nevada small claims court?
The justice court covers recovery of money only up to the small claims statutory limit; the statute sets jurisdiction for such money-only claims under Nev. Rev. Stat. § 73.010.
How soon will the court hold the trial after I file?
The court will set a trial date and generally must not set it more than 90 days from filing unless there is good cause, under JCRCP 90.
How must I notify the defendant of the claim?
After filing, the affidavit of complaint and order must be served on the defendant by an approved method and proof of service filed; service must be made at least 14 days before trial, under JCRCP 91.
Can I get attorney fees if I win?
Attorney fees are generally not allowed in actions governed by the small claims chapter, under Nev. Rev. Stat. § 73.040, unless another law provides otherwise.
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This page provides legal information and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
