Small Claims ($7,500.00 Limit)
Small Claims Court is is part of the Civil Division and is considered the "People's Court." The hearing is conducted informally with the parties representing themselves. The limit for recovery is $7,500.00. The defendant must work, have a business in, or live in Storey County. You must have a "physical address" for the defendant.
NOTE: You may waive any amount owed over $7,500.00 in order to be eligible to file in Small Claims Court.
The court is limited to granting money judgments only and cannot, for instance, order the return or replacement of an item. The plaintiff must convert the value of the item to a dollar amount in order to file in Small Claims.
The action commences with the filing in the Justice Court of an "Affidavit of Complaint" along with the appropriate filing fee. The Affidavit of Complaint must be notarized or sworn to before a court clerk or notary public. Contact the Court Clerk for an information packet and forms. Note: The law require that you have made a demand for the money before it can be filed in the Justice Court. A certified mail receipt will serve as proof of the demand.
If you are suing a business, contact the Storey County Business License Division to obtain the name of the licensee. If you are suing a corporation, contact the Office of the Nevada Secretary of State Agent. In either event, the correct name(s) must appear on the complaint when the document is filed.
The Clerk will set a court date and time. It is the plaintiff's responsibility to pay to have the complaint properly served on the defendant. The court requires that service be made by a County Sheriff's Office, County Constable, or a licensed process server. Proof of proper service of the complaint must be filed with the court no later than the time set for the hearing.
Be prepared to prove your case on the hearing date. Bring the original (for the court) plus two copies (one each for the plaintiff and defendant) of any evidence that will help to prove your case (i.e. paperwork, photos, statements) and any witnesses appearing voluntarily.
A witness who will not come voluntarily may be subpoenaed. A witness fee ($25.00) and mileage fees (19¢ per mile) must be paid to the witness at the time the subpoena is served. Proper service of a subpoena is the same as required for the complaint.
Remember, the plaintiff must meet the burden of proof "by the preponderance of the evidence" in order to prevail.
If you prevail at the hearing, it will be your responsibility to collect the judgment. The court does not collect money for you.