Small Claims Court in Nevada: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for Nevada consumers and small businesses dealing with disputes up to $10,000.
| Fact | Detail |
|---|---|
| Maximum claim | $10,000 |
| Filing fee | $66 to $198, depending on claim size |
| Court | Nevada Justice Courts, Small Claims Department |
| Time to hearing | About 45 days from filing (varies by county) |
| Attorneys allowed? | Yes |
| Deadline to sue on a written contract | 6 years from breach (NRS 11.190(1)(b)) |
| Service methods | Sheriff or constable, private process server, any non-party adult, publication (by court order) |
| Appeal window | 10 days |
1. What is small claims court in Nevada?
Small claims court in Nevada is the Small Claims Department of the Justice Courts. It hears civil money disputes up to $10,000 (NRS Chapter 73). Attorneys are allowed but not required. Procedure is informal and designed for self-represented parties. Cases typically reach hearing in about 45 days, though timing varies by county.
Justice Courts are the local trial courts in each county township, run by Justices of the Peace. The Small Claims Department is a special docket inside those courts for low-dollar money disputes. Anything bigger or more complex goes elsewhere in the system.
Which court hears small claims cases in Nevada?
The court that hears small claims cases in Nevada is the Justice Court of the township where the case belongs. Each county is split into townships (Las Vegas, Henderson, Reno, Sparks, and so on), and each township has its own Justice Court. Small claims is one docket inside that court. The Nevada Supreme Court oversees the system, but small claims hearings happen at the local level (Source 1).
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four ways. First, the cap is $10,000 instead of $15,000 in regular Justice Court civil cases. Second, the case starts with a sworn Affidavit of Complaint, not a free-form complaint. Third, there's no formal discovery: no interrogatories, no depositions before the hearing. Fourth, the hearing is informal and the rules of evidence are relaxed. The judge can accept hearsay and other proof that would be excluded in regular court.
Is small claims court the right forum for your case?
Small claims is the right forum if you're asking for $10,000 or less in money damages, the claim isn't on Nevada's excluded list, and you can show the basic facts with documents and witnesses you already have. It's a good fit for unpaid invoices, security deposit returns, property damage, broken contracts, bad checks, and small consumer disputes.
It's the wrong forum if you need an injunction, a name change, an eviction, or anything that requires a jury. Juries are not available in small claims. If your claim is between $10,001 and $15,000, you can still use Justice Court, just on the regular civil track. Above $15,000, you must file in District Court.
2. Should you file in Nevada small claims?
You can file in Nevada small claims if (1) your claim is for money, (2) the amount is $10,000 or less, (3) the claim type isn't excluded (no evictions, no family law, no injunctions), (4) Nevada has venue, and (5) you're old enough and mentally competent to sue. There's no annual cap on how many cases you can file.
Cases small claims can hear in Nevada
Cases small claims can hear in Nevada include unpaid invoices, broken contracts, security deposit returns, property damage from car accidents or other incidents, consumer fraud claims, bad checks, unpaid wages, and unpaid loans on a promissory note. The dollar limit is $10,000. You cannot split one $15,000 claim into two $7,500 cases to fit under the cap. Nevada prohibits claim-splitting.
If your case involves a contractor doing licensed work without a Nevada contractor's license, the contractor cannot recover under NRS 624.700. That's a built-in defense for homeowners.
Cases small claims cannot hear in Nevada
Cases small claims cannot hear in Nevada include:
- Evictions and other actions for possession of real property (those are summary eviction cases)
- Injunctions, specific performance, and other non-money relief
- Family law: divorce, custody, child support, guardianship
- Probate and will contests
- Class actions
- Workers' compensation (administrative system instead)
- Unemployment benefit disputes (administrative appeals)
- Medical malpractice (requires an expert affidavit at filing)
- Federal-exclusive matters: bankruptcy, patent, federal tax, admiralty
- Public Utilities Commission matters and DMV lemon-law arbitration
Who can sue and who can be sued?
Anyone who sues or is sued in Nevada small claims must be old enough and mentally competent. Minors sue through a parent or guardian. Businesses can sue and be sued. A corporation, LLC, or other entity can appear through an officer or employee, not just through a lawyer. That's a special rule under NRS Chapter 73 and is unusual nationally.
Government defendants are different. To sue a Nevada city, county, or the state, you must first file a notice of claim within 2 years of the incident under NRS 41.036. Miss that, and the case is barred.
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, the defendant may file a motion to compel arbitration and stop the small claims case. Arbitration clauses are generally enforceable under the Federal Arbitration Act. Some consumer contracts carve out small claims, meaning you can still use this court. Read the clause. If there's a small claims carve-out, point to it. Nevada's NRS 597.995 (separate-signature rule for arbitration agreements) is largely preempted in interstate commerce by federal law.
3. How long do you have to sue? Statute of limitations in Nevada
In Nevada, you generally have 6 years to sue on a written contract, 4 years on an oral contract, 3 years for property damage, and 2 years for personal injury. The clock starts on the date of breach or injury, or the date you discovered the harm in fraud and concealed-defect cases. Miss the deadline and the case is dismissed.
Statute of limitations for common claims in Nevada
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 6 years | NRS 11.190(1)(b) | Breach or when performance was due |
| Oral contract | 4 years | NRS 11.190(2)(c) | Breach or failure to perform |
| Open account | 4 years | NRS 11.190(2)(a) | Last item or transaction on the account |
| Promissory note | 6 years | NRS 104.3118(1) | Due date (or accelerated due date) |
| Property damage | 3 years | NRS 11.190(3)(c) | When property was taken or damaged (discovery if concealed) |
| Personal injury | 2 years | NRS 11.190(4)(e) | Date of injury |
| Fraud | 3 years | NRS 11.190(3)(d) | When you discovered the fraud (or should have) |
| Unpaid wages | 3 years | NRS 11.190(3)(a) | When wages were due |
| Final paycheck | 2 years | NRS 11.190(4)(c); NRS 608.140 | When final wages became due after termination |
| Security deposit | 3 years | NRS 11.190(3)(a); NRS 118A | Landlord's failure to return deposit (usually 30 days after move-out) |
| Conversion | 3 years | NRS 11.190(3)(c) | Wrongful taking (or discovery) |
| Defamation | 2 years | NRS 11.190(4)(c) | Date of publication |
| Negligence | 2 years | NRS 11.190(4)(e) | Time of negligent act or resulting injury |
| Breach of warranty (UCC) | 4 years | NRS 104.2725(1) | Tender of delivery |
| Bad check | 3 years | NRS 104.3118(3) | Date check was dishonored |
| Consumer protection (deceptive trade) | 4 years | NRS 11.190(2)(d); NRS 598 | Discovery of the deceptive practice |
| Trespass to chattels | 3 years | NRS 11.190(3)(c) | Time of interference |
| Quasi-contract (unjust enrichment) | 4 years | NRS 11.190(2)(c) | When the benefit was wrongfully kept |
When the clock pauses or resets in Nevada
The Nevada limitations clock pauses or resets in a few situations. The clock pauses while the defendant is out of state and can't be served. It pauses for minors and people who are mentally incapacitated until the disability ends. A partial payment or a signed written acknowledgment of the debt can restart the clock under NRS 11.390. For fraud and concealed harms, the clock doesn't start until you discover the problem or should have discovered it.
What happens if you miss the deadline
If you miss the Nevada statute of limitations, the defendant can move to dismiss and the court will throw out the case. You don't lose the underlying debt, but you lose the ability to sue on it. The deadline is one of the first things judges check. Don't file on the last day. Build in time for service and any pre-suit notices.
4. Before you file: demand letter and required notices
In Nevada, a demand letter is not required by statewide statute for most claims, but it's strongly recommended. Some local Justice Courts (Clark County and Henderson, in particular) require a certified demand letter and proof of delivery attached to your Affidavit of Complaint. Send by certified mail with return receipt, give the defendant at least 10 days to respond, and keep the green card. Government defendants need a separate notice of claim within 2 years of the incident.
Do you need a demand letter in Nevada?
A demand letter in Nevada is not required by a single statewide statute, but local rules in some townships make it mandatory. Clark County and Henderson Justice Courts commonly require a certified demand letter with proof of mailing attached when you file the Affidavit of Complaint. Even where it's optional, every judge expects to see one. A demand letter shows you tried to settle and gives the defendant a fair chance to pay.
What to include in a Nevada demand letter
A Nevada demand letter should include:
- The exact amount you're asking for
- The basis for the claim, with dates, invoice numbers, and a contract reference if there is one
- A deadline for payment or cure (at least 10 days)
- A clear statement that you will file suit if the matter isn't resolved
- Where and how to pay you
Send by certified mail, return receipt requested. Keep the receipt and the green card. If the defendant signs for it, you have proof they received the notice.
Pre-suit notice for special claim types
Pre-suit notice in Nevada is required for several specific claim types. Bad check cases need a certified demand giving the writer 10 days to pay before you can recover statutory penalties (Clark County DA bad check unit guidance; NRS 41.620). Homeowner association disputes generally require alternative dispute resolution before court. Construction defect cases follow NRS Chapter 40 pre-suit notice rules. Medical malpractice cases need an affidavit of merit at filing, which makes them a poor fit for small claims anyway.
How to sue a city or county in Nevada
To sue a city or county in Nevada, you must first file a written notice of claim under NRS 41.036 within 2 years of the incident. Send it to the governing body of the entity you're suing: the county clerk for a county, the city clerk for a city, or the State Board of Examiners (through the Attorney General's office) for state agencies. Miss the notice deadline, and the lawsuit is barred no matter how strong your case is.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus DBA, a corporation or LLC by its registered name. Misnaming a corporate defendant is the most common reason small claims judgments can't be collected. Look up business entities through the Nevada Secretary of State business search before filing.
How to find a business's legal name in Nevada
To find a business's legal name in Nevada, use the Nevada Secretary of State's business entity search at nvsos.gov. The search shows the registered name, the status (active or revoked), the registered agent, the entity type, and the principal address. Print the search result and keep it. If the business is registered under one name and operates under another (a DBA or fictitious firm name), look at the county clerk's fictitious firm name records too.
How to name an LLC or corporation
An LLC or corporation in Nevada is named by its exact registered name including the suffix: "Acme Plumbing, LLC" or "Acme Plumbing, Inc." Don't drop the comma or the suffix. Add the registered agent name and address from the Secretary of State record on your Affidavit of Complaint so the server can serve the agent. If you serve the company's storefront instead of its registered agent, your service can be challenged.
How to name a sole proprietor or DBA
A sole proprietor in Nevada is named by the owner's full legal name plus the DBA: "Jane Doe dba Jane's Cleaning." The "dba" means "doing business as." Both names matter because the personal name lets you collect against the owner's assets, and the DBA matches what shows on the contract, invoice, or receipt. If you only sue the DBA, you may not be able to collect against the owner personally.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can ask the court to amend the caption. File a written motion explaining the correct name and attaching the proof (Secretary of State printout, business license). If the case hasn't been served yet, this is easy. If service has already happened, you may need to re-serve under the corrected name. Catching the mistake before the hearing is much cheaper than catching it after judgment.
6. The forms you need to file in Nevada
Nevada requires one main form to start a small claims case: the Affidavit of Complaint. The clerk stamps it with a hearing date, and the stamped affidavit doubles as the notice to the defendant. Optional forms include the Fee Waiver Application (if you can't afford the filing fee) and the Proof of Service (after service is complete). All are available free at selfhelp.nvcourts.gov.
Nevada small claims forms
| Form name | Purpose | Filed by | Link |
|---|---|---|---|
| Affidavit of Complaint (Small Claims) | Sworn complaint that starts the case; stamped with hearing date by the clerk | Plaintiff | clarkcountynv.gov sample form |
| Small Claims Demand Letter (template) | Pre-filing demand on defendant; often attached to complaint in some townships | Plaintiff | civillawselfhelpcenter.org |
| Application to Proceed In Forma Pauperis / Fee Waiver | Request to waive the filing fee due to low income | Plaintiff | selfhelp.nvcourts.gov |
| Proof of Service / Affidavit of Service | Sworn statement by server confirming service on defendant | Plaintiff (filed by server) | washoecourts.com |
| Small Claims Counterclaim (Affidavit) | Same affidavit format used by defendant to file a counterclaim | Defendant | clarkcountynv.gov |
| SCRA / Non-Military Affidavit | Sworn statement about defendant's military status before any default judgment | Plaintiff | civillawselfhelpcenter.org |
| Notice of Appeal (Small Claims) | Starts an appeal to District Court (trial de novo) | Either party | washoecourts.com |
| Writ of Execution | Directs sheriff or constable to seize non-exempt assets | Judgment creditor | washoecourts.com |
| Application for Writ of Garnishment | Garnishes wages or bank accounts | Judgment creditor | civillawselfhelpcenter.org |
| Subpoena (Justice Court) | Compels a witness to appear or bring documents | Either party | washoecourts.com |
| Satisfaction of Judgment | Filed when judgment is paid; releases liens | Judgment creditor | civillawselfhelpcenter.org |
| Motion to Vacate / Set Aside Default Judgment | Asks court to undo a default judgment | Defendant | (drafted as written motion) |
Which forms open the case?
The forms that open a Nevada small claims case are the Affidavit of Complaint and, where required by local rule, a copy of your demand letter with the green return-receipt card. The Affidavit of Complaint is sworn under penalty of perjury. You state who you are, who you're suing, how much you want, and why. The clerk stamps the document with a hearing date and gives you the copies you need to serve.
Which forms does the defendant file?
The forms the defendant files in Nevada are a written response (often handled at the hearing itself rather than by a separate paper) and, if applicable, a Counterclaim filed in the same Affidavit format as the plaintiff's complaint. Small claims is informal: there's no required Answer form before the hearing in most Nevada Justice Courts. The defendant just shows up. But if the defendant wants to sue back, the Counterclaim should be filed and served well before the hearing.
How to fill out the Nevada claim form
To fill out the Nevada claim form, you write your full legal name and address, the defendant's full legal name and address (looked up on the Secretary of State if it's a business), the exact dollar amount you're claiming (no more than $10,000), and a short, factual story of what happened. Attach the contract, invoice, photos, or other proof. Sign under oath in front of a notary or the clerk. The clerk stamps it with a hearing date.
What if you can't afford the filing fee?
If you can't afford the Nevada filing fee, you file the Application to Proceed In Forma Pauperis (Fee Waiver) with your Affidavit of Complaint. The application asks for your income, expenses, and household size. Eligibility is based on low income or receipt of need-based public benefits like Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), or Medicaid. The judge usually rules on the waiver within a few days.
7. Where to file, and how (in person, mail, e-file)
File in the Justice Court township where the defendant lives, works, or does business; where the contract was signed or was supposed to be performed; or where the injury or damage happened. Nevada accepts filings in person, by mail, by drop box, and by e-file in many counties through Odyssey eFileNV. Some rural Justice Courts are still paper-only. Most clerks process filings within a few business days and set a hearing about 45 days out.
Which county do you file in?
The county you file in is set by Nevada's venue rule. You can file in the Justice Court township where the defendant resides, is employed, or does business; where the contract obligation was to be performed; or where the injury happened. If no defendant lives in Nevada but the court has personal jurisdiction, you can pick any Nevada township. Filing in the right township matters because filing in the wrong one can get the case transferred or dismissed.
How to file in Nevada small claims
To file in Nevada small claims you can:
- Take the signed Affidavit of Complaint and the filing fee to the clerk's window in person
- Mail the documents and fee (check or money order) to the clerk
- Drop off at a court drop box (in courts that offer one)
- E-file through Odyssey eFileNV if your county supports it
In all cases, you'll get back a stamped copy with the hearing date. That's the document you (or your server) must deliver to the defendant.
How to e-file in Nevada
To e-file in Nevada, create an account at the Odyssey eFileNV portal (tylertech.com/solutions/products/odyssey-efile-nv). E-filing is available in many Justice Courts including Clark County (Las Vegas, Henderson, North Las Vegas) and Washoe County (Reno, Sparks). Some rural townships remain paper-only. Documents must be in PDF. You pay the filing fee online by credit card. Check your specific township's website to confirm e-filing is available before relying on it.
What happens if you file in the wrong county?
If you file in the wrong county in Nevada, the court can transfer the case to the correct township or dismiss it. The defendant has to raise the wrong-venue defense. If the defendant doesn't object, the case can stay. But you'll waste fees and weeks if the transfer happens. Double-check venue before you file: defendant's address, where the events happened, where the contract was performed.
8. Filing fees, service fees, and fee waivers in Nevada
Filing fees in Nevada small claims start at $66 for claims up to $1,000 and rise to $198 for the maximum. Service adds about $20 (sheriff or constable) or $75 to $100 (private process server). If you can't afford the fees, file the Application to Proceed In Forma Pauperis. Nevada courts grant waivers for filers who show they can't pay without giving up basic necessities. Filing fees are recoverable as court costs if you win.
Filing fee tiers in Nevada Justice Court small claims
| Claim amount | Filing fee | Notes |
|---|---|---|
| Up to $1,000 | $66 | Plus small county surcharges in some townships |
| $1,001 to $5,000 | $86 | |
| $5,001 to $7,500 | $146 | |
| $7,501 to $10,000 | $198 |
These are typical statewide brackets. Some counties add small surcharges for automation or law library funds. Exact amounts vary by county.
Service costs in Nevada
| Service method | Cost | When to use |
|---|---|---|
| Sheriff or constable personal service | About $16 to $40 | Standard option; clerk often coordinates |
| Private process server | About $75 to $100 | Faster; useful for evasive defendants |
| Non-party adult (age 18+) | $0 | Cheap option; person must complete sworn Proof of Service |
| Publication (by court order) | About $150 | Last resort; requires showing of due diligence |
| Certified mail | Not allowed for initial service | Only authorized in specific statutes or by court order |
How much does it cost to file in Nevada?
Filing a Nevada small claims case costs $66 to $198 depending on the claim size. Add about $20 for sheriff service or $75 to $100 for a private process server. If you win, those costs are recoverable as part of the judgment. If you lose, you eat them. Most Justice Courts accept cash, check, money order, or credit card. Some add a small credit-card processing fee.
How much does service cost?
Service in Nevada costs from $0 (non-party adult) to about $100 (private process server). The sheriff or constable charges about $16 to $40 per defendant in most counties. Private servers cost more but are usually faster, which matters because Clark County and some others require proof of service to be on file roughly 30 days before the hearing. Publication is the most expensive option and requires a court order first.
Can you get the filing fee waived?
You can get the Nevada filing fee waived by filing the Application to Proceed In Forma Pauperis (Fee Waiver) at selfhelp.nvcourts.gov. You qualify if you receive SNAP, TANF, SSI, Medicaid, or other need-based benefits, or if your income is low enough that paying would force you to give up basic necessities like food, rent, or utilities. You sign under penalty of perjury. The judge reviews and rules, usually within a few days.
Are filing fees recoverable if you win?
Filing fees in Nevada are recoverable if you win the case. They go on the judgment as costs along with service of process fees, witness fees, and mileage. Attorney's fees generally are not recoverable in small claims under NRS 73.040, with narrow exceptions written into specific statutes. If you appeal to District Court, a small statutory fee may be available there, but it's a token amount, not full lawyer fees.
9. Serving the defendant in Nevada
Nevada allows several methods to serve a small claims defendant: sheriff or constable, private process server, any non-party adult age 18 or older, court-ordered alternate service, and publication (last resort by court order). Certified mail is generally not allowed for initial service. Proof of service must be filed with the court. Clark County and some other townships require proof to be on file about 30 days before the hearing. Without proof of service, the case can't go forward.
Service methods in Nevada small claims
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Sheriff or constable personal service | Yes | About $16 to $40 | Most common; clerk coordinates in many townships |
| Private process server | Yes | About $75 to $100 | Faster; good for hard-to-find defendants |
| Non-party adult (18+) | Yes | $0 | Lowest cost; must complete sworn Proof of Service |
| Certified mail | No (not for initial service) | n/a | Only allowed by specific statute (bad checks) or by court order |
| Court-ordered alternate service | Yes (with court order) | Varies | When personal service can't be made despite trying |
| Publication | Yes (with court order) | About $150 | Last resort; for unfindable defendants |
Service by sheriff or constable
Service by sheriff in Nevada is the most common method and usually the safest. The clerk often forwards the documents to the sheriff or constable for you. The fee is around $16 to $40 per defendant depending on county. The officer attempts personal service at the defendant's address, completes the Return of Service, and files it with the court. Personal service on the defendant is the strongest form.
Service by certified mail
Service by certified mail in Nevada is generally not allowed for the initial Affidavit of Complaint. Nevada Justice Courts rely on personal service. Certified mail does come into play in specific situations: pre-suit demand letters (often required), bad check statutory notices, and post-judgment papers in some collection steps. Don't try to start a small claims case with certified mail and expect the service to hold up.
Service by private process server
Service by a private process server in Nevada requires that the server be a non-party adult age 18 or older. Licensed process servers charge market rates, usually $75 to $100, and often $150 or more for hard-to-find defendants. They complete a sworn Affidavit of Service and file it with the court. Private servers are faster than the sheriff and can do skip-tracing if the defendant has moved.
Court-ordered alternate or substituted service
Court-ordered alternate service in Nevada is allowed when personal service can't be made despite reasonable efforts. You file a motion with a sworn statement explaining what you tried (visits at different times, address checks, phone calls). If the judge agrees, the court orders an alternative: leaving the documents at the defendant's home with a person of suitable age, mailing to the last known address, or another reasonable method. Without the order, alternate service can be challenged.
Service by publication
Service by publication in Nevada is a last resort that requires a court order showing due diligence to find the defendant. You publish the notice in an approved newspaper for the period the court sets. Cost runs roughly $150 depending on the paper. Publication service is often the weakest in defending against later challenges, so most plaintiffs avoid it unless the defendant truly can't be located.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in Nevada, you have options. First, hire a private process server experienced with evasive defendants. Second, ask the court for an order allowing substituted service after several failed attempts. Third, in extreme cases, ask for publication. Document every attempt: dates, times, addresses, what happened. The judge will need to see the effort before ordering an alternative.
Serving a military defendant
To serve a military defendant in Nevada, you must follow normal service rules and then file a Servicemembers Civil Relief Act (SCRA) affidavit before the court enters any default judgment. The SCRA affidavit states whether the defendant is on active military duty. Check the Department of Defense SCRA website to confirm status. If the defendant is on active duty, the court may pause the case under federal law.
10. The defendant's response
After service, the defendant in Nevada generally appears at the scheduled hearing rather than filing a written Answer beforehand. Small claims procedure is informal. The defendant can file a Counterclaim (in the same Affidavit format as the plaintiff's complaint) up to the $10,000 cap. If the counterclaim exceeds $10,000, the defendant must waive the excess or the case will be reclassified to the regular civil docket. If the defendant doesn't show, the plaintiff can ask for a default judgment.
How long does the defendant have to respond?
The defendant in Nevada has until the hearing date stamped on the Affidavit of Complaint to respond. Small claims doesn't usually require a written Answer in advance. The defendant shows up and tells their side at the hearing. If they want to file a Counterclaim, they should do it as soon as possible after being served, and serve it on the plaintiff before the hearing.
What goes in the answer?
A Nevada Answer must include the defendant's response to each claim, any defenses (statute of limitations, payment, lack of license under NRS 624.700, arbitration clause), and any counterclaims. Most defendants don't file a written Answer. They show up with their documents, witnesses, and a clear story. The judge runs the hearing and lets each side present. The Answer is functionally what the defendant says in court.
Can the defendant counterclaim?
The defendant can counterclaim in Nevada by filing a Counterclaim in the same Affidavit format used to start the case. The cap is the same $10,000. The Counterclaim must be served on the plaintiff with enough time before the hearing. A counterclaim must be related to the same transaction, account, or events for it to be properly raised in small claims. File it as soon as you can after being served.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the Nevada cap of $10,000, the defendant has two choices: waive everything over $10,000 and stay in small claims, or have the case transferred. The transfer can go to the regular Justice Court civil docket (which goes up to $15,000) or to District Court for larger amounts. A transfer triggers additional fees and more formal procedure, including potentially a written complaint and answer.
11. Preparing for and attending the hearing
Nevada small claims hearings happen about 45 days after filing, though some townships move faster or slower. They're informal bench trials before a Justice of the Peace. No jury. Bring 3 copies of every exhibit (one for the judge, one for the other side, one for you), all your witnesses, and a 2 to 3 minute summary of your case. The judge usually rules from the bench. Some judges take the case under advisement and mail the judgment.
When does your hearing happen?
Your Nevada small claims hearing happens about 45 days after filing the Affidavit of Complaint. Clark County and Washoe County typically schedule within that range. Rural Justice Courts may take longer or shorter depending on calendar load. The clerk stamps the hearing date on your complaint when you file. That date is the deadline by which the defendant must be served (with proof on file, often 30 days before hearing in stricter townships).
How to prepare your case
To prepare your Nevada small claims case, do these things in order:
- Write a 2 to 3 minute opening: what happened, what you want, why you should win.
- Build a chronology with dates, dollar amounts, and document references.
- Print 3 copies of every exhibit: contract, invoices, photos, texts, emails, repair estimates.
- Line up witnesses and confirm they'll attend. Subpoena them if they're unwilling.
- Calculate damages precisely. Include receipts for replacement, repair, or loss.
- Anticipate the defense and prepare a short answer to each likely argument.
Practice your story out loud. Judges hear many cases per day; clarity wins.
What evidence is admissible in Nevada?
Evidence admissible in Nevada small claims includes contracts, invoices, receipts, photos, screenshots, emails, text messages, repair estimates, bank records, and recordings (where consent rules allow). The rules of evidence are relaxed. Hearsay may be admitted at the judge's discretion if it's relevant and reliable. Electronic signatures under Nevada's Uniform Electronic Transactions Act are treated as valid. Authenticate documents by being ready to say where they came from and when.
How to subpoena a witness
To subpoena a witness in Nevada, you request a Justice Court Subpoena form from the clerk, fill it in with the witness's name and address and the hearing date and location, and tender the witness fee and mileage. The subpoena must be personally served on the witness by a non-party adult. Get the subpoena out at least a week before the hearing. A subpoena can also order the witness to bring specific documents (a "subpoena duces tecum").
Can you appear by phone or video?
Phone or video appearance in Nevada small claims is allowed in many courts but availability varies by county and by judge. Some Justice Courts handle remote appearances routinely; others require an in-person request and a written motion showing why you can't appear in person. Contact the clerk well before the hearing to ask about the process and any required form. Don't assume remote appearance is automatic.
Continuances and what happens if you can't attend
A continuance in Nevada small claims is granted only for good cause. File a written motion explaining the conflict (medical, military duty, scheduling), the alternative dates you're available, and any documentation. File it as early as possible. Judges are reluctant to continue without strong reasons. If the plaintiff doesn't appear, the case is usually dismissed without prejudice. If the defendant doesn't appear, the plaintiff can ask for a default judgment. If both don't appear, the case is dismissed.
Courts make an official audio record. You generally cannot record on your own without the judge's permission. Personal recording devices stay off.
12. Mediation, interpreters, and ADA accommodations
Nevada offers free court-annexed mediation in many Justice Courts, often on the same day as the scheduled hearing. Interpreters are available in Spanish, Mandarin, Tagalog, Vietnamese, Amharic, and other languages by phone or video. Request a court interpreter from the clerk in writing as early as possible, with at least 7 days' lead time. ADA accommodations (wheelchair access, sign-language interpreter, accessible documents) are requested through the clerk or ADA coordinator.
Is mediation available in Nevada small claims?
Mediation in Nevada small claims is free and often offered on the same day as the scheduled hearing. Some Justice Courts have pre-hearing mediation programs on request. The process is voluntary in most townships and uses a neutral mediator. If you settle, you file a dismissal or a consent judgment. Mediation saves the hearing for cases that truly need a judge. There's no statewide mandatory mediation rule for small claims.
How to request a court interpreter
To request a court interpreter in Nevada, you notify the clerk in writing as soon as you know you need one. Many courts have an Interpreter Request form; others accept a written request stating the language and the hearing date. Aim for at least 7 days of lead time. Spanish, Mandarin, Tagalog, Vietnamese, and Amharic are common in-person languages; other languages are usually covered by phone or video interpreting.
How to request an ADA accommodation
To request an ADA accommodation in Nevada, contact the clerk's office or the court's ADA coordinator in writing as far in advance as you can. Accommodations include wheelchair-accessible courtrooms, sign language interpreters, assistive listening devices, and accessible document formats. There's no charge. ADA coordinator names and contact details are handled per courthouse and are not centralized statewide, so call the specific Justice Court where your case is filed.
13. What you can recover (and statutory damages multipliers)
If you win in Nevada small claims, you can recover the underlying damages, court costs (filing fee, service fee, subpoena and witness fees), and post-judgment interest at the prime rate plus 2% per year under NRS 17.130. Pre-judgment interest may apply on liquidated claims at the same statutory rate. Attorney's fees are generally not recoverable under NRS 73.040. Certain claims trigger statutory multipliers: security deposit (up to double the deposit), elder exploitation (double damages), and consumer fraud (up to triple damages).
Statutory damages multipliers in Nevada
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Security deposit wrongfully withheld | Up to 2x | Landlord's wrongful withholding; deposit plus penalty up to the deposit amount | NRS 118A.242 |
| Financial exploitation of older or vulnerable person | 2x damages plus costs and fees | Victim 60+ or vulnerable | NRS 41.1395 |
| Consumer fraud / deceptive trade practice | Up to 3x | Willful misconduct; attorney's fees possible | NRS 598.0999(2) |
| Bad check civil penalty | Up to 3x check amount or $500, whichever is less, plus the check amount | Statutory conditions including certified demand and 10-day cure | NRS 41.620 |
| Antitrust violation | 3x | Specific antitrust claims | NRS 598A.210 |
| Used car dealer violation | 2x (or $2,500, whichever greater) plus fees | Certain dealer violations | NRS 482.36575 |
| Final paycheck delay | Wages continue up to 30 days as penalty | Willful failure to pay final wages | NRS 608.040 |
What costs are recoverable in Nevada?
Costs recoverable in Nevada include the filing fee, service of process fees (sheriff, constable, or private server), subpoena fees and witness mileage, and other reasonable statutory costs tied to the case. Costs are added to the judgment if you win. They are not added if you lose. Attorney's fees are a separate category and usually not recoverable in small claims.
How does interest work on Nevada judgments?
Interest on Nevada judgments runs at the prime rate plus 2%, adjusted on January 1 and July 1 each year, under NRS 17.130. The rate is published by the Nevada Financial Institutions Division. Because the prime rate changes, the exact post-judgment interest rate at any moment moves with it. Pre-judgment interest is the same statutory rate where authorized, but courts apply it more often to liquidated claims (claims for a fixed sum) than to claims for unliquidated damages.
When can you recover attorney's fees?
Attorney's fees in Nevada small claims are recoverable when a specific statute or contract authorizes them. NRS 73.040 generally limits attorney's fee awards in small claims. Examples where fees may be available: consumer fraud cases under NRS 598.0999(2), elder exploitation cases under NRS 41.1395. If your contract has a fee-shifting clause, point to it. On appeal to District Court, only a small statutory amount is available, not full fees.
Statutory damages multipliers in Nevada
Nevada statutes that multiply damages in small claims include NRS 118A.242 (security deposit, up to double), NRS 41.1395 (elder financial exploitation, double), NRS 598.0999(2) (consumer fraud, up to triple), NRS 41.620 (bad checks, up to triple or $500), and NRS 608.040 (final paycheck waiting-time penalty up to 30 days of wages). Multipliers don't override the $10,000 small claims cap. If your multiplied damages would exceed $10,000, you either cap the claim or file in a higher court.
14. Getting a default judgment when the defendant doesn't respond
If the defendant in Nevada doesn't appear at the hearing, you can ask for a default judgment. File the SCRA (Non-Military) affidavit confirming the defendant's military status, present your proof of service, and prove up your damages with documents. The judge enters judgment if everything is in order. You can then begin collection.
When can you ask for a default judgment in Nevada?
You can ask for a default judgment in Nevada after the defendant fails to appear at the scheduled hearing, provided service was proper and proof of service is on file. The judge reviews the file before granting default. If service was bad (wrong address, no signed return), the judge will deny default and reschedule.
What you file to get a default
To get a default in Nevada, you file (or present at the hearing) the SCRA / Non-Military Affidavit, the original Proof of Service, and your damages proof (contract, invoices, photos, receipts). Nevada requires a prove-up: you can't just claim a number; you must back it up. The judge enters judgment for the proven amount plus costs.
Can the defendant vacate a default in Nevada?
A defendant can vacate a Nevada default by filing a Motion to Vacate or Set Aside Default Judgment, typically within 10 days. Grounds include lack of proper service, excusable neglect (a real reason for missing court, like hospitalization), fraud, or mistake. The defendant must usually show a meritorious defense, meaning a real argument that would change the outcome. The judge has discretion.
15. Appealing a small claims judgment in Nevada
In Nevada, either party can appeal a small claims judgment to District Court within 10 days. The appeal is a trial de novo, meaning the case is heard fresh by a new judge, not just reviewed for legal errors. An appeal bond may be required to stay collection. District Court procedure is more formal, attorneys are typically allowed, and filing fees are higher.
Who can appeal and when?
Either party in Nevada small claims can appeal within 10 days of the judgment. The 10-day window is short. Calendar it from the date judgment is entered. Miss it and you lose the right to appeal.
What kind of appeal is it?
An appeal in Nevada small claims is a trial de novo: a brand-new trial in District Court. The District Court judge does not read the Justice Court record and pick errors. You start over with new evidence and new testimony. Anything that happened at the Justice Court hearing doesn't bind the District Court. Both sides can bring new witnesses and exhibits.
What does an appeal cost?
An appeal in Nevada costs the District Court filing fee (varies by county and not uniformly stated in the public materials) plus possibly an appeal bond if you're the appealing defendant trying to stop collection. Attorney's fees on appeal are limited to small statutory amounts. The appeal costs more than the original small claims filing fee.
Does an appeal stop collection?
An appeal stops collection in Nevada when the appealing party posts an appeal bond or otherwise satisfies the court that judgment is secured. Without a bond or stay, the winning party can begin collecting even while the appeal is pending. If you win on appeal, you may have to undo collection actions. Posting a bond is usually safer for the appealing defendant.
16. Collecting your judgment in Nevada
Winning is half the battle, and Nevada doesn't collect for you. After the 10-day appeal window, you can record an abstract of judgment to create a lien on the debtor's real property, apply for a writ of execution to seize non-exempt assets, garnish wages up to 25%, levy bank accounts, and order the debtor to appear for a debtor's examination. The judgment is good for 6 years and can be renewed.
16.1 Wait for the appeal window to close
The appeal window in Nevada is 10 days from entry of judgment. Before that runs out, the losing side can appeal to District Court for a trial de novo. You can start preparing collection paperwork during the window, but don't serve anything until the window closes. If an appeal is filed, collection is stayed when the appellant posts a bond.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in Nevada is a certified document from the court summarizing your judgment. You record it with the County Recorder in any county where the debtor owns real property. Recording creates a judgment lien on real estate in that county. The lien attaches to the title and means the debtor generally can't sell or refinance without satisfying or addressing the lien.
16.3 Writ of execution
A writ of execution in Nevada authorizes the sheriff or constable to seize and sell the debtor's non-exempt property to satisfy the judgment. You apply at the clerk's office on the Writ of Execution form. The sheriff or constable serves the debtor with notice and levies on identified assets: vehicles with equity above the exemption, business equipment, non-exempt accounts. The proceeds go toward the judgment after fees.
16.4 Wage garnishment
Wage garnishment in Nevada is allowed up to 25% of disposable earnings, or the amount by which weekly disposable earnings exceed 50 times the federal minimum wage, whichever is less. You file an Application for Writ of Garnishment with the court. The writ is served on the debtor's employer, who must withhold and send the funds to the court or to you. The debtor can file a Claim of Exemption to protect more of their income.
16.5 Bank levy or account garnishment
A bank levy in Nevada works by serving a Writ of Garnishment on the debtor's bank. The bank freezes funds up to the judgment amount and notifies the debtor. The debtor can file a Claim of Exemption to protect Social Security, SSI, child support, and other exempt funds. If no claim is filed (or the claim is denied), the bank releases the funds to satisfy the judgment.
16.6 Debtor's examination
A debtor's examination in Nevada is a court-ordered hearing where the debtor must appear under oath and answer questions about their income, assets, employer, and bank accounts. You file an Application/Order for Judgment Debtor Examination, the order is served on the debtor, and the debtor appears in court. Failure to appear can lead to contempt and a bench warrant. The examination helps you find assets to levy.
16.7 Satisfaction of judgment
A satisfaction of judgment in Nevada is filed when the judgment has been paid in full. The form is the Satisfaction of Judgment (Acknowledgment of Payment), filed by the judgment creditor. Filing the satisfaction closes the judgment and releases any recorded liens. If you fail to file a satisfaction after being paid, the debtor can ask the court to compel filing and may seek sanctions.
16.8 Judgment renewal
A Nevada judgment is valid for 6 years and renewable by filing for renewal before the original 6-year period expires. Renewal extends the judgment for another 6 years and preserves liens. If you let the judgment expire without renewing, you lose the right to collect on it. Calendar the renewal date well in advance.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by registering it in the state where the debtor lives or owns assets. Nevada follows the Uniform Enforcement of Foreign Judgments Act (NRS 17.330 to 17.400) for incoming foreign judgments. For outgoing collection, you'll use the receiving state's version of the UEFJA. File a certified copy of the Nevada judgment with the foreign state's clerk, give notice, and after the waiting period, the judgment can be enforced like a local one.
16.10 What's exempt from collection in Nevada
Nevada protects the following property from collection. The homestead exemption is unusually generous: up to $605,000 of equity in the primary residence is protected under NRS 115.010. Nevada has also opted out of federal bankruptcy exemptions, meaning debtors generally rely on Nevada's exemption list.
Nevada exemptions from collection
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | $605,000 of equity | NRS 115.010 | Among the most generous in the country |
| Motor vehicle equity | $15,000 | NRS 21.090(1)(f) | Higher for certain disabled veterans |
| Tools of trade and inventory | $10,000 aggregate | NRS 21.090(1)(d) | Equipment used in your work |
| Household goods and furniture | "Reasonably necessary" (no fixed cap) | NRS 21.090(1)(b) | Standard household items |
| Personal clothing | Full | NRS 21.090(1)(a) | Ordinary wearing apparel |
| Jewelry and keepsakes | $5,000 aggregate | NRS 21.090(1)(a) | |
| Retirement accounts (401(k), IRA, pensions) | Full | NRS 21.090(1)(r) | Qualified plans generally fully protected |
| Social Security, SSI, unemployment, workers' comp, VA benefits | Full | 42 U.S.C. § 407; NRS 21.090(1)(y); NRS 612.710; NRS 616C.205 | Federal and state protections |
| 529 college savings | Protected (timing conditions apply) | NRS 21.090(1)(s) | Contributions older than 2 years |
| Life insurance proceeds | Up to $15,000 for certain proceeds | NRS 21.090(1)(h),(i) | Spouse or minor child beneficiary |
| Wages | 75% of disposable earnings | Federal CCPA; NRS 21.090 | Garnishable portion capped at 25% |
If the debtor files bankruptcy, an automatic stay halts all collection. Discharged debts become uncollectible. Keep watch for bankruptcy filings during long collection efforts.
17. State-specific quirks and pitfalls in Nevada
Nevada has several rules that surprise filers: the case starts with a sworn Affidavit of Complaint (not a free-form complaint), local townships like Clark and Henderson often require a certified demand letter attached to the filing, and unlicensed contractors cannot recover for work that required a license. The most consequential is Nevada's $605,000 homestead exemption, which makes forcing the sale of a debtor's primary home nearly impossible for a small claims judgment.
Other quirks worth knowing:
- Affidavit format. Nevada's small claims complaint must be sworn under penalty of perjury. Fill it out carefully and sign before a notary or the clerk.
- Proof of service deadlines. Clark County typically requires proof of service to be on file roughly 30 days before the hearing. Miss that and your hearing can be reset.
- E-filing is uneven. Urban counties (Clark, Washoe) accept e-filing via Odyssey eFileNV. Many rural Justice Courts are still paper-only. Check before you assume.
- No discovery before trial. You can't send interrogatories or take depositions in small claims. You can subpoena witnesses and documents for the hearing.
- Businesses can appear without a lawyer. Under NRS Chapter 73, an officer or employee can represent the business. That's unusual nationally and useful for small operators.
- Unlicensed contractors lose. Under NRS 624.700, a contractor without the required Nevada license cannot recover for licensed work. Homeowners often raise this as a defense.
- Bad check rules are specific. A certified demand and 10-day cure period under NRS 41.620 must come before any statutory penalty claim.
- Construction defect and HOA disputes have pre-suit hoops. Construction defects follow NRS Chapter 40 pre-suit notice rules. HOA disputes often require ADR first.
- Medical malpractice doesn't fit. Med mal requires an affidavit of merit at filing, which the small claims form doesn't accommodate.
- SCRA affidavit is mandatory before default. No SCRA affidavit, no default judgment. The court will deny entry of default without it.
- Generous homestead. Up to $605,000 in primary residence equity is protected. Plan collection around assets other than the home.
- Mediation is offered, not required. Many Nevada courts offer free same-day mediation on the hearing day. Take it seriously if you'd accept a reasonable settlement.
18. Sources and citations
- About the Nevada Judiciary. nvcourts.gov. https://nvcourts.gov/supreme/court_information/about_the_nevada_judiciary. Cited for: Justice Courts handle small claims; relation to District Courts.
- NRS Chapter 73 — Justice Courts. leg.state.nv.us. https://www.leg.state.nv.us/nrs/NRS-073.html. Cited for: Small claims jurisdiction ($10,000 cap), business representation by employees, attorney fee limits.
- NRS Chapter 11 — Limitations of Actions. leg.state.nv.us. https://www.leg.state.nv.us/NRS/NRS-011.html. Cited for: Statute of limitations and tolling rules.
- Clark County Small Claims (Justice Court). clarkcountynv.gov. https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/north_las_vegas/divisions/small_claims/. Cited for: Local procedures, demand letter requirement in some townships, 30-day proof of service guidance, fee examples.
- Affidavit of Complaint — Clark County Small Claims (PDF). clarkcountynv.gov. https://www.clarkcountynv.gov/government/departments/justice_courts/forms/affidavit_of_complaint_small_claims.pdf. Cited for: Affidavit of Complaint form.
- Washoe County Small Claims. washoecounty.gov. https://www.washoecounty.gov/sjc/civildepartment/SmallClaims.php. Cited for: Business defendant naming, proof of service form.
- Clark County Bad Check Unit — Instructions. clarkcountynv.gov. https://www.clarkcountynv.gov/government/departments/district_attorney/divisions/bad_check_unit/instructions-for-filing-a-bad-check. Cited for: Certified demand, 10-day cure, statutory penalties.
- NRS 104.3118 (UCC). nevada.public.law. https://nevada.public.law/statutes/nrs_104.3118. Cited for: Promissory note and dishonored check limitations.
- NRS 41.036 — Government tort claim notice. leg.state.nv.us. https://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec036. Cited for: 2-year notice requirement against government defendants.
- Nevada Courts Self-Help Center. selfhelp.nvcourts.gov. https://selfhelp.nvcourts.gov/. Cited for: Forms, interpreter and ADA guidance, e-filing.
- NRS 104.2725 — Breach of warranty (UCC). leg.state.nv.us. https://www.leg.state.nv.us/NRS/NRS-104.html#NRS104Sec2725. Cited for: 4-year warranty limitations.
- NRS 115.010 — Homestead exemption. leg.state.nv.us. https://www.leg.state.nv.us/NRS/NRS-115.html#NRS115Sec010. Cited for: $605,000 homestead exemption.
- SCRA / Non-Military Affidavit (sample). civillawselfhelpcenter.org. https://www.civillawselfhelpcenter.org/forms/affidavit_non-military.pdf. Cited for: SCRA affidavit before default.
- NRS 21.090 — Personal property exemptions. leg.state.nv.us. https://www.leg.state.nv.us/NRS/NRS-021.html. Cited for: Exemption schedule.
- NRS 17.130 — Interest after judgment. leg.state.nv.us. https://www.leg.state.nv.us/NRS/NRS-017.html#NRS017Sec130. Cited for: Post-judgment interest (prime + 2%).
19. Frequently asked questions
What is the maximum amount you can sue for in Nevada small claims court?
The maximum amount you can sue for in Nevada small claims court is $10,000 (NRS Chapter 73). Claims between $10,001 and $15,000 belong on the regular Justice Court civil docket. Claims over $15,000 must be filed in District Court. You cannot split a single $15,000 claim into two $7,500 cases. Nevada prohibits claim-splitting.
How much does it cost to file a small claims case in Nevada?
It costs $66 for claims up to $1,000, $86 for $1,001 to $5,000, $146 for $5,001 to $7,500, and $198 for $7,501 to $10,000. Service of process adds about $16 to $40 (sheriff or constable) or $75 to $100 (private process server). Counties may add small surcharges. If you can't afford the fee, file the Fee Waiver Application.
How long do I have to sue in Nevada small claims?
You have 6 years for written contracts (NRS 11.190(1)(b)), 4 years for oral contracts (NRS 11.190(2)(c)), 3 years for property damage (NRS 11.190(3)(c)), 2 years for personal injury (NRS 11.190(4)(e)), and 3 years for security deposit and wage claims. The clock generally starts at the breach or injury, or at discovery for hidden harms.
Do I need a lawyer for Nevada small claims court?
You don't need a lawyer for Nevada small claims court, but attorneys are allowed on both sides. Procedure is informal and designed for self-represented parties. Most cases are handled without lawyers. Businesses can be represented by an officer or employee rather than a lawyer, which is a special Nevada rule under NRS Chapter 73. Hire a lawyer when the case is complex or the dollars near the cap.
Can a business sue or be sued in Nevada small claims?
A business can sue or be sued in Nevada small claims. Corporations, LLCs, and other entities can appear through an officer or employee, not just through a lawyer. Sole proprietors sue and are sued under the owner's name plus the DBA. Look up the exact registered name on the Nevada Secretary of State business search before filing or you may have trouble collecting.
How do I serve the defendant in Nevada?
To serve the defendant in Nevada, use the sheriff or constable, a private process server, or any non-party adult age 18 or older. Certified mail is generally not allowed for initial service. The server must complete a Proof of Service and file it with the court. Clark County and some townships require proof of service to be on file about 30 days before the hearing.
How long does it take to get a hearing in Nevada small claims?
It takes about 45 days from filing to get a hearing in Nevada small claims, though timing varies by county. Clark and Washoe County track around that benchmark. Rural Justice Courts may be faster or slower depending on calendar load. The clerk stamps the hearing date on your Affidavit of Complaint when you file.
What happens at a Nevada small claims hearing?
At a Nevada small claims hearing, the judge runs an informal bench trial. There's no jury. The plaintiff presents first, then the defendant. Each side has a few minutes to summarize, present exhibits, and call witnesses. Rules of evidence are relaxed. The judge usually rules from the bench, or sometimes takes the case under advisement and mails the decision.
What if the defendant doesn't show up in Nevada?
If the defendant doesn't show up in Nevada, the plaintiff can request a default judgment. You must have proof of service on file and a completed SCRA (Non-Military) affidavit showing the defendant isn't on active military duty. You also need to prove your damages with documents. The judge enters judgment for the proven amount plus court costs.
What if I miss my Nevada small claims hearing?
If you miss your Nevada small claims hearing as the plaintiff, the court will typically dismiss the case without prejudice (you can re-file). If you miss as the defendant, the court can enter default judgment against you. To set aside a default, file a Motion to Vacate within about 10 days, showing a real reason for missing court and a meritorious defense.
Can I appeal a Nevada small claims judgment?
Yes, either party can appeal a Nevada small claims judgment to District Court within 10 days. The appeal is a trial de novo, meaning the case starts over with a new judge. The appeal window is short, so calendar it the day the judgment is entered. An appeal bond may be required to stop the winning party from collecting while the appeal is pending.
How do I collect a Nevada small claims judgment?
To collect a Nevada small claims judgment, wait for the 10-day appeal window to close, then apply for a Writ of Execution to seize non-exempt property, file an Application for Writ of Garnishment for wages or bank accounts, record an Abstract of Judgment to lien real estate, or order a Judgment Debtor Examination. The judgment is good for 6 years and renewable.
Can I garnish wages in Nevada?
Yes, wage garnishment in Nevada is allowed up to 25% of disposable earnings, or the amount by which weekly disposable earnings exceed 50 times the federal minimum wage, whichever is less. File an Application for Writ of Garnishment with the court. The writ is served on the employer. The debtor can file a Claim of Exemption to protect more of their pay.
How long is a Nevada small claims judgment valid?
A Nevada small claims judgment is valid for 6 years and can be renewed for another 6 years by filing before the original period expires. Renewal preserves any liens you've recorded. Post-judgment interest accrues at the prime rate plus 2% under NRS 17.130. If you let the judgment expire, you lose the right to collect.
Can I sue a city or government agency in Nevada small claims?
You can sue a city or government agency in Nevada small claims, but only after filing a notice of claim within 2 years of the incident under NRS 41.036. Send the notice to the governing body of the entity (county clerk, city clerk, or State Board of Examiners through the Attorney General's office). Missing the notice deadline bars the lawsuit.
Do I have to send a demand letter before filing in Nevada?
You may have to send a demand letter before filing in Nevada, depending on the township. Clark County and Henderson Justice Courts commonly require a certified demand letter with proof of mailing attached to the Affidavit of Complaint. Even where it's optional, judges expect one. Send by certified mail, give at least 10 days to respond, and save the green return-receipt card.
What forms do I need to file in Nevada small claims?
You need the Affidavit of Complaint to start the case. The clerk stamps it with a hearing date, and that document serves as notice to the defendant. Optional forms include the Fee Waiver Application (if you can't afford the filing fee), the Proof of Service (after service), and the SCRA Non-Military Affidavit (before any default judgment). All are available at selfhelp.nvcourts.gov.
Can I file Nevada small claims online?
You can file Nevada small claims online in many Justice Courts through Odyssey eFileNV, the statewide e-filing portal. Clark County and Washoe County support e-filing. Many rural Justice Courts are still paper-only. Documents must be in PDF, and you'll pay the filing fee by credit card. Check your specific township's website before relying on e-filing.
Does Nevada small claims have a jury?
No, Nevada small claims does not have a jury. Hearings are bench trials before a Justice of the Peace. If you want a jury, you'd need a higher court and a different type of case. The trade-off is informality and speed: small claims cases reach hearing in about 45 days, while jury cases can take a year or more.
What's the Nevada security deposit penalty?
The Nevada security deposit penalty under NRS 118A.242 is up to the amount of the deposit itself, on top of returning the deposit. If a landlord wrongfully withholds your deposit, you can recover the deposit plus a penalty up to the deposit amount. That can double your recovery. The claim must be filed within 3 years under NRS 11.190(3)(a).
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine small claims cases: an unpaid invoice, a returned security deposit, a fender-bender, a broken consumer contract. The forms are simple, the rules are relaxed, and businesses can appear without a lawyer.
Call a lawyer when:
- Your claim is close to the $10,000 cap and you'd benefit from filing in a higher court instead
- The statute of limitations is unclear or you discovered the harm late
- The case involves a contractor licensing issue, construction defect, or medical malpractice
- You're suing a government agency and the notice-of-claim deadline is close
- The defendant has assets that are hard to find or hidden in business entities
- You expect a counterclaim that exceeds the small claims cap
- The case involves a contract with an arbitration clause and you want to fight enforceability
Low-cost legal help in Nevada is available through the Nevada Courts Self-Help Center at selfhelp.nvcourts.gov and the Civil Law Self-Help Center at civillawselfhelpcenter.org. Both provide forms, instructions, and limited assistance.
This guide is general legal information for Nevada, not legal advice. Reading it does not create an attorney-client relationship. Laws change and individual facts matter. For advice on your specific situation, consult a licensed Nevada attorney.
This guide is general information about Nevada small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Nevada for advice about your specific situation.
