Small Claims Court in Clark County

In Clark County, Nevada, small claims cases are typically filed in the Justice Courts. Each township in Clark County has its own Justice Court that handles small claims cases. There are 11 courthouses spread around Clark County that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Clark Court System.

Small Claims Court

Small Claims Court is a specialized court designed to handle disputes involving amounts of $10,000 or less. To initiate a case in this court, you must be at least 18 years old. The person who brings the lawsuit is known as the plaintiff, while the person being sued is the defendant.

Reasons to File a Small Claims Suit

• Small claims court can handle various types of claims, including:
• Money debts
• Personal injury
• Property damage
• Tenant/Landlord Dispute
• Stolen Property
• Auto Repair
• Poor Construction
• Product Defect
• Broken Contracts or Verbal Promises

It's always advisable to try to resolve disputes out of court first. However, if an agreement cannot be reached, filing a small claims complaint might be necessary.

Where to Find Forms for Your Small Claims Case

To assist parties in small claims cases, the courts provide forms for most required documents, which you can use to represent yourself more effectively. Each court will have its own specific forms and procedures, so it's a good idea to contact the court directly or visit their website for detailed instructions on how to file your case. These forms are free and can be obtained from the Self-Help Center or downloaded from the court's website. To access the available forms, click on Small Claims Forms.

Specific Forms for Different Courts

• Las Vegas Justice Court: If your case is in the Las Vegas Justice Court, be aware that this court has its own unique forms and procedures for small claims cases. Ensure you are using the correct forms by visiting Las Vegas Small Claims Forms.

• Henderson Justice Court: Henderson also has its own specific forms. If your case is in Henderson Justice Court, use the forms designated for Henderson. These can be found under Henderson, North Las Vegas, and Other Small Claims Forms.

Required Steps to File a Small Claims Suit

1. Send a Formal Demand Letter: Before filing a case, you must send the defendant a certified mail demand letter with a return receipt requested. This letter should specify the exact amount you're seeking and why you believe you're entitled to it. Mention that you will file a case in Small Claims Court if the matter isn’t resolved within 10 business days. Send individual letters to each person or business you plan to sue and keep copies of these letters and the mailing receipts.

If the defendant is a business, address the letter to the corporate officer or resident agent. You can find this information on the Secretary of State's website at Nevada's Entity Search.

2. File the Required Forms: Wait at least 15 days after mailing the demand letter before filing the necessary forms with the court. Your filing should include:

   • A typed Affidavit of Complaint with three additional copies.
   • A copy of the formal demand letter.
   • Proof of mailing the demand letter.
   • The return receipt postcard.
   • The filing fee.

3. Serve the Affidavit of Complaint: Once you receive a copy of the Affidavit of Complaint with the court date, deliver a copy to each defendant. This process is called “service of process” and should be done immediately but must occur at least 30 days before the court date. Service can be performed by the Constable, Sheriff, a private process server, or anyone over 18 who is not a party to the lawsuit. Non-professional servers cannot be paid and are limited to serving processes three times a year.

4. File the Proof of Service: Submit the proof of service to the court at least 30 days before the court date. This document verifies that the defendant was properly served. Failing to file this proof on time will result in the case being removed from the calendar.

5. Prepare for Trial: Gather and organize all necessary evidence, including receipts and documents. Make three copies of each piece of evidence: one for yourself, one for the judge, and one for the defendant. Print out text messages and emails as the judge will not read them directly from your phone.

6. Confirm Court Date and Time: The court assigns a tentative date when you file the claim. Verify the date and time with the court at least one day before the scheduled date.

Filing Fees

The filing fee depends on the amount of your claim:

• $66.00 for claims up to $1,000
• $86.00 for claims between $1,000 and $2,500
• $106.00 for claims between $2,500 and $5,000
• $146.00 for claims between $5,000 and $7,500
• $196.00 for claims between $7,500 and $10,000

Default Judgment

If you missed a small claims court date or didn't respond to a complaint, you might end up with a default judgment against you. That means the court decides in favor of the other party because you didn't participate. If this happens, you still have options. You can ask the court to cancel or revoke the judgment, which is called "setting aside" the judgment. A default judgment is when the court orders you to pay money because you didn't defend yourself in court.

In small claims court, if you don't show up for mediation or a hearing and the other person proves they properly gave you the complaint papers, the court can decide in their favor and tell you to pay what they asked for, plus any court fees. After that, they might try to get that money from you by taking it out of your wages or bank account.

Contest a Default Judgment

To contest a default judgment, you can make several legal arguments:

1. Improper Service: If you weren't properly served with the small claims complaint, you can argue that the judgment shouldn't stand.
2. Excusable Neglect: If you have a good reason for not responding or attending the hearing, like an emergency or misunderstanding, you can argue that your neglect was excusable.
3. Fraud or Misconduct: If the other party acted unfairly or dishonestly, like lying about something important, you can argue that the judgment should be overturned.
4. Mistake or Newly Discovered Evidence: If there was a mistake in the judgment or you found new evidence that could change the outcome, you can argue for setting aside the judgment.
5. Void Judgment: If there was a legal problem with how the judgment was made, like the court not having authority, you can argue that it's void.
6. Satisfaction, Release, or Discharge: If you've already paid what you owed or the debt has been settled in some other way, you can argue that the judgment is no longer valid.

When you file your Motion to Set Aside Default Judgment, the court will review it. Depending on the court's procedures, they may schedule a hearing or the judge might decide without one. If the judge agrees to set aside the default judgment, the case will continue, giving both parties another chance to present their arguments.

It's important to note that filing this motion doesn't automatically stop any ongoing collection efforts. You may need to ask the judge to halt collections until the matter is resolved.

Mediation

If you're involved in a small claims case or considering filing one, you might want to explore mediation as a way to save time and possibly reach a resolution without going to court. Here's what you need to know:

1. Neighborhood Justice Center (NJC): This organization offers free mediation services that are tailored to your situation. Mediation involves a neutral third party helping you and the other party in the dispute to communicate and find a solution that works for both sides. It's often quicker and less formal than going to court.
2. When Mediation is Required: In Henderson Justice Court, if you've filed or been sued in a small claims case, you'll have to participate in mediation. This typically happens on the same date as your small claims hearing. If you can't reach a settlement during mediation, the hearing will proceed as planned.
3. Mediation in Other Courts: In Las Vegas Justice Court and North Las Vegas Justice Court, mediation isn't mandatory, but it's still available to you at any time before a judgment is made. So, you have the option to try mediation even if it's not required by the court.
4. Benefits of Mediation: Mediation offers a chance to resolve the dispute in a way that suits both parties. It can save time and money compared to going to court, and it often leads to more creative solutions that both parties find satisfactory.
5. Using NJC's Services: If you're dealing with a small claims case in any other justice court in Clark County, you can still take advantage of the NJC's free mediation services. They're there to help you work through your dispute and potentially avoid the need for a court hearing.

Overall, mediation can be a valuable tool in resolving small claims disputes efficiently and amicably. It's worth considering whether it might be the right option for your situation.

Preparing for your Hearing

Preparing for your small claims court hearing is crucial for presenting your case effectively. Here are some steps to help you get ready:

1. Arrange for a Court Interpreter: If you or a witness need an interpreter, make sure to arrange for one in advance. Contact the District Court Interpreter’s Office to arrange for an interpreter to be present on your court date. Remember, the interpreter must be impartial and court-approved.
2. Familiarize Yourself with Courtroom Procedure: It can be helpful to observe small claims court proceedings before your hearing, especially if you're feeling nervous or want to understand what to expect. Check with the court clerk or visit the court’s website for information on upcoming small claims hearings.
3. Organize Your Case and Evidence: Even though you've been preparing for your hearing for some time, remember that it will be brief, typically lasting only ten to fifteen minutes. Being organized is key.
   • Create a brief outline to guide you during the hearing. Avoid reading from a prepared statement; instead, focus on key facts and details of your case.
   • Keep your presentation concise and relevant. Avoid unnecessary details, historical background, or repeating yourself.
   • Clearly explain why you believe you're entitled to the money you're requesting, and reference any applicable laws or regulations that support your argument.
   • Remember, the burden of proof is on you, so be prepared to present evidence supporting your case.

Preparing your evidence for your small claims court hearing is crucial for presenting a strong case. Here's what you should do:

1. Bring Original and Copies: Gather all relevant documents, such as contracts, checks, photographs, receipts, letters, or any other evidence you want to present. Bring the original and three copies of each document—one for yourself, one for the other party, and one for the judge. Also, bring copies of any laws or regulations you'll be referencing.
2. Organize Your Evidence: If you have multiple documents, organize them in a binder with tabs. Create a table of contents listing each document and its corresponding tab. This will help you find your evidence quickly during the hearing.
3. Practice Presenting Your Case: After researching, preparing your outline, and organizing your evidence, practice presenting your case. It can be helpful to present your case to someone unfamiliar with it to identify any confusing or unclear points.

On the day of your court hearing, follow these tips:

1. Arrive Early and Dress Appropriately: Aim to arrive at least half an hour early to allow time for parking, going through security, and finding the correct courtroom. Dress conservatively and avoid wearing clothing like shorts, flip-flops, or tank tops. Remember to remove hats and sunglasses before entering the courtroom.
2. Courtroom Etiquette: Be polite and attentive while waiting for your case to be called. Refrain from talking, chewing gum, or using electronic devices. Respect court staff and other litigants. If you need to leave the courtroom, do so quietly.
3. During the Hearing: Your case will be called in the order of the case numbers. Address the judge as "Your Honor" or "Judge" and wait for your turn to present your case. The plaintiff usually presents their case first, followed by the defendant. Answer the judge's questions respectfully and provide evidence when requested. Remain calm and polite, even if you disagree with the other party.
4. End of the Hearing: After both parties have presented their cases, the judge will either issue a decision immediately or take the case under advisement. If the decision is pending, the court will mail you a copy. The judge may rule in favor of the plaintiff, the defendant, or both parties, depending on the evidence presented.

Appealing

If you're unhappy with the judgment handed down by the small claims court, you have the option to appeal the decision. Here's what you need to know:

1. Deadline for Appeal: Both the plaintiff and the defendant have five business days from the date the decision was filed (plus three calendar days if the decision was mailed) to object or appeal the decision. Until this period expires, the court's decision won't be enforceable.
2. Filing an Appeal: To initiate an appeal, you'll need to file with the justice court where your case was heard. When you appeal, the entire case undergoes review by a district court judge. This judge will examine the evidence presented in the small claims court to determine if any legal errors were made. Based on this review, the judge can confirm, modify, or set aside the small claims judgment, and may even order a new trial.
3. Limitations of Appeal: It's important to understand that an appeal doesn't give you the opportunity to redo your hearing or introduce new evidence. The district court judge will only consider the evidence submitted during the original small claims trial. Therefore, ensure that all your exhibits are properly filed as part of the court's record and that your written submissions are thorough.
4. Filing Fees: There's a filing fee of $97 for initiating an appeal with the justice court. However, if you've already been granted a waiver for filing fees, this waiver will also apply to the appeal process. If you can't afford the filing fee, you have the option to submit an Application to Proceed in Forma Pauperis, commonly known as a "fee waiver application." You can obtain this form free of charge from the Civil Law Self-Help Center or download it from their website.

Application to waive filing fee

If you're seeking to waive the filing fee for your appeal, you'll need to complete an Application to Waive Filing Fee. However, please note that there are additional requirements and costs associated with filing an appeal:

1. Cost Bond: Along with the Application to Waive Filing Fee, you must also provide a cost bond of $250 when filing your appeal. Unfortunately, this $250 cost bond cannot be waived even with a fee waiver application.
2. Stay of Execution: If the justice of the peace has issued a judgment against you for money, and you wish to prevent the other party from collecting that money during your appeal (referred to as a "stay of execution"), you'll need to deposit the entire amount of the judgment, including costs and interest, with the justice court. This can be done either in cash or by obtaining a bond, unless the court specifies otherwise.

To proceed with filing an appeal, you'll need to complete several forms and submit them to the justice court. A simplified, combined version of these forms is available free of charge at the Self-Help Center, or you can download them from the center's website. It's important to carefully follow all instructions and fulfill all requirements when filing your appeal to ensure that your request is processed smoothly.

Collecting A Small Claims Judgment

If you win your small claims case, now comes the part where you collect your judgment. Here's what you need to know:

1. Who's Who: The party who won and is entitled to collect the money awarded by the court is called the "judgment creditor." The party who lost and owes money to the judgment creditor is called the "judgment debtor."
2. Collecting the Judgment: If the judgment debtor doesn't voluntarily pay the judgment, you, as the judgment creditor, can take steps to collect the money involuntarily. This process is known as "executing" the judgment.
3. Types of Property: You can execute the judgment against various types of property owned by the judgment debtor. This includes wages, real property (like a house or land), bank accounts, or cash boxes.
4. Forms and Process: To execute the judgment, you'll need to prepare and file specific forms with the court clerk. These forms are then given to the constable or sheriff for execution. The process can vary depending on your jurisdiction, so be sure to follow the instructions carefully.

Remember, collecting a judgment may not always be straightforward, but with the right knowledge and resources, you can take the necessary steps to enforce your rights as a judgment creditor.

Writ of Execution:

To start the collection process for your judgment, you'll need to prepare several documents:

1. Writ of Execution: This court order allows the constable or sheriff to seize the judgment debtor's property. It's usually required to be typed and can be accessed through an automated interview process. Just click the provided link and select the "COLLECTIONS: Writs, Notice, and Instructions" interview. After answering questions, the interview will generate the necessary forms for printing, signing, and filing with the court. Remember to adhere to formatting requirements, especially those set by your jurisdiction, such as those mandated by the Las Vegas Justice Court. Once completed, file the Writ of Execution with the court clerk. After completing the Writ of Execution, you'll need to file it with the court. The court clerk will charge a $25 filing fee.

   • In Las Vegas Justice Court, e-file one copy of the Writ of Execution. Once you receive the signed copy back from the court, make three additional copies to take to the constable or sheriff, along with your other execution forms.
   • In other Clark County justice courts, provide the original Writ of Execution plus three copies to the court clerk for filing. Then, take three of those copies to the constable or sheriff, along with your other execution forms.

Keep in mind that some justice courts, like Las Vegas Justice Court, may only allow one active writ at a time in a small claims case. This means you must choose between going after the debtor's bank accounts or wages first.

2. Notice of Execution: which doesn't require filling out. Simply print it out and attach it to your Writ of Execution. This notice informs the judgment debtor about their rights when the constable or sheriff serves the execution forms.

3. Writ a Garnishment: If you're attempting to collect money held by a third party, such as the judgment debtor's wages or bank account, you'll need to complete a Writ of Garnishment. This form is necessary when seeking to garnish wages or attach bank accounts. However, it's not required for directly seizing cash from the judgment debtor's cash register.

The Writ of Garnishment isn't filed with the court. Instead, you'll need to create two copies of the completed writ and bring them to the constable or sheriff, along with your other execution forms.

Additionally, prepare instructions for the constable or sheriff, depending on which office you'll use to serve your execution forms. If the court waived your filing fees, the sheriff will serve your documents for free, but the constable may charge a fee. Make sure to obtain a copy of the court order waiving fees and provide it to the sheriff, along with your other documents.

4. Instructions to the Constable or Sheriff: These instructions are not filed with the court. You'll need one copy to bring to the constable or sheriff, along with your other execution forms.

If you haven't provided the sheriff with a court order waiving your fees, you'll need to pay certain fees upfront to the constable or sheriff, which may include:

• $30.00 for a bank account or wage garnishment, plus $2.00 per mile (as determined by the constable/sheriff)
• $9.00 for car, cash box, or property lien levy, plus $2.00 per mile, and $300.00 for storage and impound fees (for vehicles)
• $5.00 check made payable to the employer or bank, for bank account garnishment

For location and contact information for the constable nearest you and the sheriff’s civil division, visit Constables & Sheriffs.

Let Squabble Help You With Your Small Claim at Clark County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Clark County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. Clark County Courthouse

   201 E Clark Ave
   Las Vegas, NV 89101
   (702) 671-3201
   https://www.clarkcountynv.gov/

   BUILDING HOURS

   • Monday – Friday 7:00 a.m. – 5:30 p.m., except court holidays

2. Las Vegas

   200 Lewis Ave #2
   Las Vegas, NV 89101
   (702) 671-3116
   https://www.lasvegasjusticecourt.us/index.php

   BUILDING HOURS

   • Monday – Friday 7:00 a.m. – 5:00 p.m., except court holidays.

3. Henderson

   243 S Water St.
   Henderson, NV 89015
   (702) 455-7980
   https://www.cityofhenderson.com

   BUILDING HOURS

   • Monday – Friday 7:00 a.m. – 5:00 p.m., except court holidays.

4. North Las Vegas

   2428 North Martin Luther King Boulevard # A
   North Las Vegas, NV 89032
   (702) 455-7801
   https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/north_las_vegas/index.php

   BUILDING HOURS

   • Monday – Friday 8:00 a.m. – 4:30 p.m., except court holidays.

5. Boulder City Township

   501 Avenue G
   Boulder City, NV 89005
   (702) 455-8000
   https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/boulder_city/index.php

   BUILDING HOURS

   • Monday – Friday 7:00 a.m. – 5:00 p.m., except court holidays.

6. Bunkerville

   190 Virgin St.
   Bunkerville, NV 89007
   (702) 346-5711
   https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/bunkerville/index.php

   BUILDING HOURS

   • Monday – Friday 8:00 a.m. – 4:00 p.m., except court holidays.

7. Goodsprings

   23120 S Las Vegas Blvd.
   Jean, NV 89019
   (702) 874-1405
   https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/goodsprings/index.php

   BUILDING HOURS

   • Monday – Friday 7:00 a.m. – 4:30 p.m., except court holidays.

8. Laughlin

   101 Civic Way #2
   Laughlin, NV 89029
   (702) 298-4622
   https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/laughlin_township/index.php

   BUILDING HOURS

   • Monday – Friday 8:00 a.m. – 4:00 p.m., except court holidays.

9. Mesquite

   500 Hillside Dr.
   Mesquite, NV 89027
   (702) 346-5298
   https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/mesquite/index.php

   BUILDING HOURS

   • Monday – Friday 6:30 a.m. – 4:30 p.m., except court holidays.

10. Moapa

    1340 NV-168\ Moapa, NV 89025
    (702) 864-2333
    https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/moapa/index.php

    BUILDING HOURS

    • Monday – Friday 8:00 a.m. – 4:00 p.m., except court holidays.

11. Moapa Valley

    320 N Moapa Valley Blvd.
    Moapa Valley, NV 89040
    (702) 397-2840
    https://www.clarkcountynv.gov/government/departments/justice_courts/jurisdictions/moapa_valley/index.php

    BUILDING HOURS

    • Monday – Friday 7:00 a.m. – 4:00 p.m., except court holidays.