Small Claims Court in Washoe County

In Washoe County, Nevada, small claims cases are filed in the Justice Courts. Each township in Washoe County has its own Justice Court that handles small claims cases. There are two courthouses spread around Washoe 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 Washoe Court System.

Small Claims Court

Small Claims cases can involve up to $10,000 and are usually handled in a more casual setting, often without lawyers. On the other hand, Civil Actions can go up to $15,000, and these complaints are typically drafted by attorneys since there are no standard forms available. A Summons needs to be included with the Complaint in these cases.

To file a lawsuit in our court, the person you’re suing must live, work, or do business in Reno Township, which covers Reno, Stead, Bordertown, Cold Springs, Steamboat Springs, Lemmon Valley, Verdi, and Washoe Valley. You can seek up to $10,000, and your court date will typically be about two months after you file.

Suing a Business or Corporation

Identify the Representative:

• For businesses: Contact Reno City License Bureau (775) 334-2090 or Washoe County License Division (775) 328-3733.
• For corporations: Reach out to the Secretary of State (775) 684-5708 or use the NV SOS Business Entity Search.

Filing the Affidavit and Order:

• Write the business name and address at the top.
• List the individual’s name and title as the “Affiant” at the bottom.
• File in person for clerk assistance or prepare your own for three or more claims.

Submission:

• Sign the Affidavit and Order before a notary.
• Return it with your filing fee check, service check, and a self-addressed, stamped envelope.

Service Requirements:

• Small Claims Complaints must be served by a licensed process server (fees apply).
• Confirm with the process server before the court date to ensure the Defendant has been served.
• The server must print their name and title under their signature.

Responsibility:

• It’s the Plaintiff’s duty to ensure proper service; failure to do so may affect the case.

Reasons to File a Small Claims Suit

Small claims court can address a range of issues, such as:

• Money owed
• Personal injury cases
• Property damage
• Tenant/landlord disputes
• Stolen property
• Auto repairs
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

It's always a good idea to attempt to resolve conflicts outside of court first. However, if you can’t reach an agreement, filing a small claims complaint may be the next step.

Small Claims Filing Fees

Here’s a breakdown of the filing fees:

• Under $1,000.00: $66.00*
• $1,000.01 to $2,500.00: $86.00*
• $2,500.01 to $5,000.00: $106.00*
• $5,000.01 to $7,500.00: $146.00*
• $7,500.01 to $10,000.00: $196.00*
• Counterclaims: $71.00*

(*Fees may vary, so be sure to check for the most current amounts.)

Responding to a Small Claim

Court Appearance:

• You can appear in court on the scheduled day without filing a response.
• Alternatively, you can file an "Answer" to address the accusations.

Filing an Answer:

• Request an "Answer" form at the court—no filing fee is required.
• A service fee applies, as the "Answer" must be served to the plaintiff.

Counterclaims and Cross-Claims:

• If you want to file a claim against the plaintiff (counterclaim) or a third party (cross-claim), follow the same procedure as a plaintiff for filing a claim.

Mediation for Small Claims Cases

Mandatory Mediation:

• Required for small claims cases in Reno Justice Court.
• You and the other party meet with a neutral mediator to find a solution before a judge hears the case.

Benefits of Mediation:

• It’s free and can save time compared to a trial.
• Mediators help facilitate communication but do not take sides or make rulings.

Court Process:

• When you file, the court clerk will assign a date and time for mediation, which may take up to 3 hours.

Agreement Outcomes:

• If an agreement is reached, it is filed with the court and signed by a judge, becoming a binding order.
• If the agreement is honored, the plaintiff must file a dismissal, preventing any judgment on the defendant’s record.

If Mediation Fails:

• If no agreement is made, the clerk will provide a trial date.
• If the agreement isn’t honored, the plaintiff can file for judgment without serving the defendant again or paying extra fees.

Civil Action in Reno Justice Court

• Jurisdictional Limit:
  • The maximum amount for a Civil Action is $15,000.
• Filing Complaints:
  • Complaints must be prepared by attorneys, as no standard forms are available.
  • A Summons must accompany the Complaint.
• Filing Fees:
  • Fees are based on the principal amount requested in the Complaint.
• Legal Representation:
  • While not mandatory, having an attorney is advised due to the formal nature of Civil Court.
  • You must follow the Justice Court Rules of Civil Procedure and prepare your own documents.
• Serving Defendants:
  • After filing, you must ensure each defendant is properly served and provide Proof of Service to the court.
• Next Steps:
  • After service, it’s your responsibility, or your attorney’s, to determine how to proceed, as court clerks cannot provide legal advice.

Responding to a Summons and Complaint

• Response Requirement:
  • After receiving a Summons and Complaint, you must respond in writing to the allegations.
  • The typical response time is 20 days, as specified in the Summons (including weekends and holidays, but not the date of service). If an Order Shortening Time is included, respond within that time frame.
• Using Court Forms:
  • Reno Justice Court provides forms for filing your Answer/Response if you don’t have an attorney.
  • You’re not required to have an attorney unless you are a corporation, but you must follow the Justice Court Rules of Civil Procedure throughout the process.
• Filing Fees:
  • When filing your initial response, you must pay the filing fee indicated on the Summons.
  • If you seek a payment arrangement, contact the plaintiff directly, as the court does not handle such arrangements.
• Service of Response:
  • You must provide a file-stamped copy of your response to the opposing party’s attorney, either by mail or personal service.
  • File a Certificate of Mailing or Affidavit of Service with the court to confirm how the response was served.
• Next Steps:
  • The next step is to set a trial date. You may receive a Notice to Set the Trial to help choose a date or a Notice of Hearing with the trial details.
  • If you receive any other documents, contact your attorney or Reno Justice Court for guidance.
• Important Note: If you fail to appear for your trial, the plaintiff may obtain a default judgment against you.

Appealing a Court Decision

Dissatisfaction with Decision:

• Any party unhappy with the court's ruling may file an appeal.

Appeal Deadlines:

• Small Claims Action: Appeal must be filed within five judicial days after the decision date (excluding the court date, weekends, and holidays).
• Justice Court Civil Action: Appeal must be filed within twenty straight days after service of the Notice of Entry of Judgment.
• Eviction Decisions (Unlawful Detainer): Appeal must be filed within ten judicial days following the decision.

Filing the Appeal:

• A formal Notice of Appeal must be filed with Reno Justice Court.
• If you need assistance with preparing this document, forms are available at the court, but civil clerks cannot provide help.

Fees:

• When filing the appeal, the appellant is responsible for paying the fees outlined in the court’s fee schedule. All fees should be made payable to the Reno Justice Court.

Appeal Process and Requirements

Stay of Proceedings:

• Proceedings will not be paused after an appeal is filed unless a supersedeas bond is posted.
• This bond typically covers the judgment amount, any costs, and interest for one year for Small Claims or Justice Court civil actions.
• For eviction appeals filed by the tenant, the judge will set the amount of the supersedeas bond.

Payment of Fees:

• All fees must be paid in cash or by check from an attorney's trust account only.

Transcription Requirement:

• A transcription of the proceedings is necessary for the appeal process.
• You can purchase a copy of the digital recording for $35.00 upon written request.
• The responsibility for transcribing the digital recording falls on you.

Default Judgment in Small Claims Court

What is a Default Judgment?

• If you miss your court date or fail to respond to a complaint, the court may issue a default judgment against you, ruling in favor of the other party.

Options After a Default Judgment:

• You can request the court to "set aside" the judgment, effectively canceling or revoking it.

Consequences of Default:

• If you don’t attend mediation or a hearing and the other party proves they served you the complaint, the court may order you to pay their requested amount plus any court fees.
• The other party may then attempt to collect this money by garnishing your wages or accessing your bank account.

Contesting a Default Judgment

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

• Improper Service:
  • Argue that you weren’t properly served with the complaint, so the judgment shouldn’t be valid.
• Excusable Neglect:
  • If you had a valid reason for missing the hearing (like an emergency), you can claim your neglect was excusable.
• Fraud or Misconduct:
  • If the other party acted dishonestly, such as lying about key facts, argue that the judgment should be overturned.
• Mistake or Newly Discovered Evidence:
  • Present any mistakes in the judgment or new evidence that could affect the outcome.
• Void Judgment:
  • Argue that the judgment is void due to legal issues, like the court lacking authority.
• Satisfaction, Release, or Discharge:
  • If you’ve already settled the debt, argue that the judgment is no longer valid.

When you file your Motion to Set Aside Default Judgment, the court will review it and may schedule a hearing or decide without one. If the judge agrees to set it aside, the case will continue, allowing both parties to present their arguments again.

Important: Filing the motion doesn’t automatically stop collection efforts. You may need to request that the judge pause collections until the issue is resolved.

Preparing for your Hearing

Preparing for Your Small Claims Court Hearing

• Before the Hearing
  • Arrange for an Interpreter:
    • If needed, contact the District Court Interpreter’s Office in advance to secure a court-approved interpreter.
  • Familiarize Yourself with Court Procedures:
    • Observe small claims hearings if possible, to understand the process. Check with the court clerk or the court’s website for schedules.
  • Organize Your Case and Evidence:
    • Prepare a brief outline to guide your presentation, focusing on key facts. Keep it concise—aim for ten to fifteen minutes.
    • Clearly explain your claim and reference relevant laws, remembering the burden of proof is on you.

Preparing Your Evidence

• Bring Originals and Copies:
  • Gather all relevant documents (contracts, receipts, etc.) and bring the original plus three copies: one for you, one for the other party, and one for the judge.
• Organize Your Evidence:
  • Use a binder with tabs and a table of contents to quickly find documents during the hearing.
• Practice Presenting Your Case:
  • Rehearse your presentation, ideally in front of someone unfamiliar with the case to clarify any confusing points.

On the Day of the Hearing

Arrive Early and Dress Appropriately:

• Arrive at least 30 minutes early for parking and security. Dress conservatively—avoid casual clothing like shorts or tank tops.

Courtroom Etiquette:

• Be polite and attentive, avoiding talking or using devices while waiting. Respect court staff and others present.

During the Hearing:

• Address the judge as "Your Honor" and wait your turn to speak. Present your case respectfully, answer questions, and provide evidence as needed.

End of the Hearing:

• The judge may make a decision immediately or later via mail. They can rule in favor of either party based on the evidence presented.

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 and Collection Process

To begin the collection process for your judgment, follow these steps:

1. Writ of Execution:

   • This court order allows the constable or sheriff to seize the debtor's property.
   • Use the automated interview process to generate the required forms. Select "COLLECTIONS: Writs, Notice, and Instructions" and answer the questions.
   • Ensure your document meets jurisdiction formatting requirements (e.g., Las Vegas Justice Court).
   • File the completed Writ of Execution with the court clerk, paying a $25 filing fee.

2. Filing Process:

   • Las Vegas Justice Court: E-file one copy of the Writ. After receiving a signed copy, make three additional copies for the constable or sheriff.
   • Other Clark County Courts: Provide the original Writ plus three copies to the clerk, then take three copies to the constable or sheriff.

3. Notice of Execution:

   • Print and attach this notice to your Writ of Execution. It informs the debtor of their rights during the execution process.

4. Writ of Garnishment:

   • If collecting money from a third party (like wages or bank accounts), complete a Writ of Garnishment. This form is necessary for wage garnishments but not for direct cash seizures.
   • Create two copies and bring them to the constable or sheriff along with your execution forms.

5. Instructions to the Constable or Sheriff:

   • Prepare these instructions but do not file them with the court. Provide one copy to the constable or sheriff.
   • If you don’t have a court order waiving fees, be prepared to pay certain fees upfront:
     • $30.00 for bank account or wage garnishment (plus $2.00 per mile).
     • $9.00 for property lien levy (plus $2.00 per mile, $300 for storage/impound fees).
     • $5.00 check for bank account garnishment.

Let Squabble Help You With Your Small Claim at Washoe 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 Washoe 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:

Washoe County District Court

75 Court Street
Reno, NV 89501
(775) 328-3110
https://www.washoecourts.com/Main/HoursLocation

BUILDING HOURS

• Monday – Friday 8:00 a.m. – 5:00 p.m., except court holidays

Reno Justice Court

1 S Sierra St.
Reno, NV 89501
(775) 325-6501
https://www.washoecounty.gov/rjc/

BUILDING HOURS

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