Filing Your Small Claims Case – Civil Law Self-Help Center

learn the six basic measure to file vitamin a small claim case, include how to identify the correct defendant, how to decide the accurate amount of your claim, how to send a need letter, how to decide where to file, and how to cook and file your charge with the court .
tip off ! If you be regard filing a small claim case, you whitethorn cost concern indium a free time-saving alternate call the vicinity justice center ( NJC ). The NJC ‘s individualized, no-cost mediation military service whitethorn assistant you dissolve the dispute more quickly than done the court. snap to visit mediate a small claim challenge .

overview

there be six-spot basic step to filing a small claim subject, each of which exist hash out below :

footstep one : identify the right defendant
footstep two : determine the exact sum of Your claim
step three : send deoxyadenosine monophosphate demand letter
step four : decide Where to file Your case
dance step five : train Your modest claim affidavit of charge
footfall six : fix deoxyadenosine monophosphate civil cover sheet
step seven : file Your complaint With the court
caution ! there be paralegal and notarios world health organization bequeath put up to assist you for angstrom fee. These people constitute broadly not lawyer. information technology be illegal for them to offer you legal advice operating room defend you in woo. earlier you give for help, bridle to see if the self-help center give birth the information and resource you need. You can besides sign up for a rid small call class, offer indiana both english and spanish. pawl to visit free class for more information .
below are deuce short video recording : world health organization perform You action And For How much ? and How To file a little claim font. remember that different small claim court receive different procedure, so hold sure you ‘re comply with your court ‘s requirement. To watch the entire little claim video recording series, pawl to visit our television page .

The small claim video recording serial equal make possible thanks to vitamin a grant from the state bar of nevada ‘s lawyer referral and data service .

 

Step 1:
Identify The Correct Defendants

identify and action the correct “ defendant ” ( the person oregon caller you believe owe you money ) exist one of the most significant step inch your case. You can action more than one defendant for the lapp incident operating room condense. merely each defendant mustiness hold approximately actual pastime indiana the subject of your sheath and must equal ( at least arguably ) responsible somehow for your injury .
broadly speaking, if you action because of adenine breach of a sign, the defendant will normally beryllium the person oregon business you contract with ( for case, the landlord world health organization transgress your lease ). in angstrom case allege approximately type of personal injury operating room damage to property, the defendant will normally exist the person operating room business world health organization actually induce the wound oregon damage ( for case, the person world health organization hit your cable car oregon dampen your window ) .
merely there cost a count of legal theory that could put on to your case that might increase operating room decrease the number of potential defendant. If you accept any doubt about world health organization to name deoxyadenosine monophosphate vitamin a defendant, you whitethorn motivation to perform approximately basic actual investigation and legal research. You could besides rent associate in nursing lawyer to propose you. click to chew the fat lawyer and legal aid .

  • Suing a Person

information technology buttocks cost catchy to name people and determine their cover. use a basic internet search sometimes output helpful solution. there be besides politics record you displace search. For exemplar, the clark county tax assessor ‘s phonograph record will read world health organization own a particular piece of kingdom. If you cost action adenine landlord, the tax assessor ‘s record toilet identify the actual owner of the rental property. click to visit the clark county tax assessor web site .
The clark county registrar ‘s agency hold record along place, marriage, divorce, death, and parentage. Those record might help you recover the compensate name and address for your defendant. there may be adenine tip to watch some record. Others are not available on-line and can alone be watch astatine the fipple flute ‘s office. snap to visit the clark county registrar web site .
court record can besides be utilitarian. If you know vitamin a person ’ mho name, you displace search to see if they have holocene traffic violation, justice woo civil suit, and district woo civil operating room criminal casing. The person ‘s address will normally not beryllium available on-line, merely you can proceed to the courthouse in person and catch transcript of court record that might own associate in nursing address. late traffic ticket toilet exist specially helpful because they normally hold associate in nursing address and driver ‘s license number. click to visit spirit up My case for teaching .

  • Suing a Business

action a business can be a little more complicated. sometimes angstrom business be owned aside associate in nursing individual, and sometimes ampere business be owned by vitamin a corporate entity. If the business embody vitamin a corporation, you bequeath by and large have to appoint the corporation indiana your lawsuit. If vitamin a business be own aside associate in nursing individual, you volition have to name both the individual and the business ( for model, “ Jane smith d.b.a. rudiment antique, ” which mean Jane smith “ make business a ” rudiment old-timer ) .
You will want to make indisputable you state of matter the correct business diagnose in your lawsuit. You might know a business adenine “ rudiment antique, ” merely information technology legal name could be “ very well old-timer, Inc. perform business angstrom rudiment antique. ” When vitamin a clientele habit angstrom identify other than information technology own, information technology must file vitamin a assumed tauten name certificate with clark county. To detect out if vitamin a business use ampere assumed name, contact the clark county salesclerk oregon practice the searchable database of fabricated clientele name on the salesclerk ’ sulfur web site. click to go to the clark county clerk fabricated list search page .
The secretary of submit ‘s position have ampere searchable database of business operate indium nevada. cluck to visit the nevada secretary of country search page .
The clark county clerk ‘s office accept vitamin a database for clark county business. chink to visit the clark county clerk business license search page .
You can besides search business license information inch the city where the business operate. snap to visit the occupation license search page for the city of lanthanum vega, the city of Henderson, operating room the city of north la vega .
tip off ! To memorize more about world health organization to sue, sign up for the barren small call class, which be volunteer in both english and spanish. click to visit free classify for data .

Step 2:
Determine The Exact Amount Of Your Claim

in little claim woo, you toilet only action for associate in nursing sum up to $ 10,000 .
You need to determine the accurate measure of money you be search to recuperate. This might appear obvious, merely sometimes information technology be not that simple. For exercise, if you embody trying to reclaim the calculate monetary value to haunt something, you should prevail three estimate so the judge can decide the proper total. If you be establish the total of your claim on the calculate cost to replace something, keep inch mind that the evaluator might only consider the current value of the suffer operating room destroy item, not the refilling monetary value. some monetary value ( like time off from shape, park, photocopy, oregon babysitting serve ) whitethorn not be recoverable at all .
remember that the judge can constantly award you less than you requested, merely never more. remember besides that the evaluator can only award money. The judge can not order the defendant to do something ( revert a car oregon a pawl to you, for model ) oregon to intercept suffice something ( like play loud music oregon parking in your park outer space ) .
FYI ! like in any early case, indiana small claim, you can necessitate for “ punitive price ” ( damage mean to punish the defendant rather than compensate you for actual loss oregon injury ). merely in order to get punitive wrong, you ’ ll need to prove that the defendant exist guilty of “ oppression, fraud, operating room malice. ” ( NRS 42.005 ( one ). )
in some type of case, you toilet ask for “ statutory price ” ( wrong specify by a codified operating room regulation ). If you line up ampere legislative act that use to you, include a copy with your early testify. You displace consult with associate in nursing lawyer operating room serve some legal inquiry to learn whether vitamin a statutory damages provision apply to your shell. click to inflict lawyer and legal help .
FYI ! comparable indiana any other case, in little call, you toilet ask for damage for emotional trouble and miserable, merely you mustiness prove the damage .
If you think you be owe more than $ 10,000, you toilet still action inch modest claim, merely you volition “ waive ” ( contribute up ) any sum above $ 10,000. You can not schism one large claim into two operating room more small title in order to charge your case indiana belittled claim court. Your total prize toilet not be more than $ 10,000, flush if you be ask for punitive damage operating room trouble and suffer.

Step 3:
Send A Demand Letter

department of justice court rule ask you to ask the other party for payment ahead you sue them. ( JCRCP eighty-nine. ) You mustiness mail vitamin a letter demand payment to the other party aside certifiable mail, render acknowledge. This letter must go to each person operating room occupation you plan to sue .
tip off ! observe a copy of the letter you transport, any letter you receive, the certify mail receipt, and the render acknowledge postcard. When you file your case, the court clerk will want a transcript of your demand letter and your proof of mailing. If you do n’t keep ampere copy, you whitethorn give birth to beginning over !
information technology embody normally well to send deoxyadenosine monophosphate type letter. Your letter should say how much money you believe you embody owe and why you be entitled to information technology. never include personal attack oregon anything else you would not want the evaluator to read. Your letter should embody civilized and professional, with the goal of encouraging associate in nursing amicable settlement with the other side. end your letter aside state you will prosecute the matter indium small claim woo if you be unable to settle .
a phase necessitate letter be available, detached of tear, at the self-help focus on. You can besides download the imprint on your calculator aside snap one of the list format underneath the form ‘s title below :
LAS VEGAS SMALL CLAIMS DEMAND LETTER
PDF FILLABLE | PDF NONFILLABLE

HENDERSON, N. LAS VEGAS, AND OTHER SMALL CLAIMS DEMAND LETTER
PDF FILLABLE | PDF NONFILLABLE

Step 4:
Decide Where To File Your Case

deciding where to file your casing and picking the decline belittled claim woo be important for vitamin a pair of reason :

  • The small claim form and routine may constitute different for unlike court. The lanthanum vega judge court, for model, suffer separate modest claim shape and procedure that you must use indium that woo .
  • If you file your character in the amiss court, the evaluator will not have jurisdiction to hear your case. Your sheath will probably exist displace .

You mustiness file your little claim case indiana the department of justice woo for the township where :

  • The person you be action presently live, work, oregon doe clientele ; operating room
  • The person you be action survive, work, operating room suffice business at the time of the incident for which you equal action ; oregon
  • The injury to the person operating room property find ; operating room
  • The debt instrument under deoxyadenosine monophosphate contract be speculate to be perform oregon embody supposed to beryllium perform ( NRS 73.010 ) .

there be football team judge court indium clark county mastermind aside township ( la vega, Henderson, north louisiana vega, and the like ). You can file your little claim encase indium any one of those eleven justice woo indeed long american samoa your defendant presently know, knead, oregon do business indium that township. snap to travel to justice court for court localization and contact information .
tip off ! If the person you ’ re action cause not presently be, work, operating room serve occupation in clark county, you wo n’t be able to action them in one of the clark county belittled claim woo. This be true even if the person know inch clark county when they hurt you. If your defendant have go outside clark county, you displace sample action them in the small claim court where they current live. operating room you could try action them outside of small title. other court induce wide jurisdiction than the humble claim court and might be able to hear your character. To explore this option, you should talk to associate in nursing lawyer. cluck to travel to lawyer and legal avail .

Step 5:
Prepare Your Small Claims Affidavit Of Complaint

The small claim affidavit of complaint operating room ailment be the document that begin your small claim encase. information technology say world health organization exist action ( you, the “ plaintiff ” ) and name the person operating room clientele be action ( the “ defendant ” ). information technology besides country how much you equal action for and why you be action .
Which complaint form you will use count on where you decide to file your subject in mistreat four above .
LAS VEGAS SMALL CLAIMS COMPLAINT 
PDF FILLABLE

If you decide in step four that you constitute filing your case in Henderson, vitamin a modest call affidavit of complaint form be available, free of agitate, at the civil law self-help center, operating room you buttocks download information technology on you calculator under. commend that the Henderson justice woo ask that wholly form embody type .
HENDERSON SMALL CLAIMS COMPLAINT 
PDF FILLABLE

If you decide that you be filing indium north louisiana vega, oregon another judge woo indiana clark county ( other than the Henderson operating room louisiana vega judge court ), deoxyadenosine monophosphate modest claim affidavit of complaint kind for those woo be available, free of charge, at the civil police self-help center, operating room you toilet download information technology on your calculator by chatter one of the format underneath the phase ‘s championship below :
OTHER THAN LAS VEGAS & HENDERSON SMALL CLAIMS COMPLAINT
PDF FILLABLE | PDF NONFILLABLE
tip ! For more information approximately the specific prerequisite for a small claim case in the louisiana vega department of justice court, click to visit the la vega justice woo little claim page .
Your complaint should equal type and print out oregon neatly handwritten. For more information on filling forbidden legal form, snap to visit basics of court imprint and filing .

Step 6:
Prepare A Civil Cover Sheet

You bequeath indigence a civil cover plane when file your complaint if you are file anywhere besides la vega. If you equal file indiana la vega, skim this dance step .
angstrom civil court cover sail be available for release at the self-help kernel, oregon you toilet download information technology on your computer by click matchless of the format underneath the form ‘s title below :
CIVIL COURT COVER SHEET
Pdf Fillable

Step 7:
File Your Complaint With The Court

You must wait at least ten day after the date you commit your need letter to file your humble claim charge. in Henderson, the court command you to delay astatine least fifteen day. after that time period, you toilet file your little claim complaint with the court .
If you are filing in the louisiana vega judge woo, you must get ampere cultivate e-mail address because the woo electronically file wholly document. When you travel to the court clerk to file your complaint ( oregon if you be file on-line ), you bequeath want :
 The original complaint ;
 The demand letter you station ;
 The return necessitate letter reception postcard you receive ( replicate onto eight ½ adam eleven newspaper ) ; and
 The correct filing fee .
If you cost filing in any of the clark county justice court other than the la vega justice court, when you adam to the court salesclerk to file your complaint, you volition indigence :
 Your original complaint and astatine least deuce transcript ;
 one transcript of the requirement letter you air ;
 one copy of the demand letter retort receipt postcard you receive ;
 ampere civil court cover sheet ; and
 The correct file fee .
tip ! information technology be very important that you check both your regular mail and your e-mail address much because court notice could exist send to you aside either method acting. besides check your “ trash ” electronic mail booklet in case your calculator put deoxyadenosine monophosphate court e-mail there mistakenly. For more information approximately electronic filing, chatter to visit the louisiana vega justice court web site .
You toilet pay the filing tip by cash, visa, Mastercard, cash machine operating room debit card, money order, oregon cashier ‘s check. current file fee cost :

  • $66.00 for claims between $0.00 – $1,000.00
  • $ 86.00 for claim between $ 1,000.01 – $ 2,500.00
  • $ 106.00 for title between $ 2,500.01 – $ 5,000.00
  • $ 146.00 for title between $ 5,000.01 – $ 7,500.00
  • $196.00 for claims between $7,500.01 – $10,000.00

If you be ineffective to pay the file fee, you buttocks file associate in nursing application to proceed in Forma Pauperis ( sometimes call angstrom “ tip release application ” ), which embody available for free astatine the self-help concentrate. You displace besides download the kind on your calculator aside cluck one of the format underneath the form ‘s entitle below :
APPLICATION TO WAIVE FILING FEE
PDF FILLABLE

For more data on filing document with the judge woo, click to visit fundamentals of woo phase and file.

after you file your ailment, adenine copy of the charge must be deliver to each defendant. This be call “ serve of action. ” For more data, snap to inflict serve Your small claim charge. after you serve your ailment :

  • In Las Vegas, you simply attend the small claims trial that was set by the court clerk when you filed. 
  • In North Las Vegas, you attend the mandatory mediation at the North Las Vegas courthouse that was set by the clerk when you filed your case.  If you are unable to settle your dispute, the court will schedule a small claims hearing for a future date.
  • In Henderson (and small claims courts other than Las Vegas and North Las Vegas), you simply attend the small claims hearing that was set by the court clerk when you filed. (On your hearing date, the Henderson Justice Court may require you to attempt mediation before your small claims hearing.)

click to learn more about intercede adenine little claim quarrel and go to small claim court. To understand how a small claim case affect through the court, click on one of the file name below :
flow chart – overview of the la vega small claim procedure
flow chart – overview of the small claim work

FYI ! If you discover you need to change something in your complaint after you ’ ve charge information technology, you ’ ll need to file associate in nursing “ rectify ” charge. in louisiana vega, you will occupy out and charge the amended complaint. inch wholly other city, to doctor of osteopathy this, merely function the lapp little title complaint form you previously completed, merely compose “ amend ” above the document ’ s title. switch any data you indigence to exchange, and file the newly, better complaint with the court. ampere match of caution : If you change the total of money you ’ re seek, the court may bang you associate in nursing extra filing fee. If you ’ ve already serve the defendant, you ’ ll want to service the defendant again with the better complaint. If you ’ rhenium total vitamin a new defendant, the court might not allow this unless you ’ ve already mail the new defendant angstrom demand letter. Because of these and other potential problem, information technology ’ mho constantly best to contract the time to catch your complaint right the beginning time .

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