Small Claims Court Las Vegas: Filing, Hearing, and Collecting

Small claims court in Las Vegas is the Las Vegas Justice Court’s track for money disputes of $10,000 or less, built for people who want to resolve a case without hiring a lawyer. You file a Small Claims Affidavit through the court’s mandatory electronic filing system, pay a filing fee between $66 and $196 depending on the amount you’re seeking, arrange for the defendant to be personally served, and then present your evidence to a Small Claims Referee at a hearing.

What the Court Can and Can’t Do

Nevada caps small claims at $10,000, and the court only awards money. You cannot use it to force someone to finish a repair, hand over property, or stop doing something. If your dispute is worth more than $10,000, you need a higher court.1Nevada Legislature. Nevada Code 73 – Small Claims

You also have to file in the right township or the court can dismiss the case. Under NRS 73.010, the proper venue is the township where the defendant lives, works, or does business, either at the time of the incident or when you file. For injuries or property damage, you can file where the harm occurred. For contract disputes, you can file where the work was supposed to be performed.1Nevada Legislature. Nevada Code 73 – Small Claims

Typical cases include unpaid debts, breach of contract, security deposit disputes, property damage, and nonpayment for services. Businesses can file too, under the same cap and venue rules. If you’re suing a business owned by an individual, name both the owner and the business.2Henderson Justice Court. Henderson Justice Court Small Claims

How Long You Have to File

Nevada’s statutes of limitations are firm. Miss the window and the court won’t hear the case, no matter how strong it is. Under NRS 11.190:3Nevada Legislature. Nevada Code 11 – Limitation of Actions

  • Written contract: 6 years from the breach.
  • Oral contract: 4 years from the breach.
  • Property damage: 3 years from when the damage occurred.
  • Personal injury: 2 years from the date of injury.

Count your dates carefully before you file. A verbal home-repair agreement that fell apart three and a half years ago is still in time; a car accident from the same date is already too late.

Filing the Affidavit and Paying the Fee

You start by filling out a Small Claims Affidavit stating who you’re suing, what happened, and how much you want. You need the defendant’s correct legal name and a physical address, not just a P.O. Box, because the defendant has to be physically served. Forms are available on the Las Vegas Justice Court website or at the Regional Justice Center.

Filing fees are tiered to the amount you’re claiming:4Clark County Justice Court, NV. Fees

  • Up to $1,000: $66
  • $1,001 to $2,500: $86
  • $2,501 to $5,000: $106
  • $5,001 to $7,500: $146
  • $7,501 to $10,000: $196

Fees are paid at filing. If you win, you can ask the court to add your filing costs to the judgment.

Electronic filing is mandatory for all civil case types in the Las Vegas Justice Court, including small claims. You submit through the court’s electronic filing system rather than walking paperwork into the clerk’s office.5Clark County Justice Court, NV. File and Serve (E-File)

Serving the Defendant

After filing, you have to make sure the defendant receives official notice of the lawsuit. Under the Las Vegas Justice Court Local Rules, personal service is required unless the court authorizes an alternative. You cannot serve the papers yourself. Service can be handled by the Las Vegas Constable, a sheriff, a licensed private process server, or any adult over 18 who is not a party to the case.2Henderson Justice Court. Henderson Justice Court Small Claims

Once the defendant has been served, you file proof of service with the court. If you don’t file that proof at least 30 days before the hearing date, the court may take your case off the calendar.2Henderson Justice Court. Henderson Justice Court Small Claims

What Happens at the Hearing

The Las Vegas Justice Court encourages mediation through the Neighborhood Justice Center, though it isn’t required. Local Rule 5.11 describes mediation as available to any parties interested in resolving their dispute without trial, and the Neighborhood Justice Center runs it as a free, confidential, and voluntary process.6Nevada Legislature. Las Vegas Justice Court Local Rules of Practice If both sides reach a settlement, the agreement must be signed and filed with the court to be enforceable. Anything said in mediation cannot be used at trial.

If mediation doesn’t happen or doesn’t resolve the dispute, the case goes to a hearing before a Small Claims Referee. Both sides present evidence directly: receipts, photographs, contracts, text messages, repair estimates, anything that supports the claim. The referee may ask questions to clarify disputed facts. After hearing both sides, the court issues a binding judgment.

Subpoenaing Witnesses

If a witness won’t come voluntarily, you can compel attendance with a subpoena. Fill out the form with the court name, case number, and the date and time, then submit it to the clerk for signing. The subpoena must be personally served, and you must include a check for the witness fee of $25 per day plus $0.58 per mile for the round trip.7Civil Law Self-Help Center. How To Subpoena A Small Claims Witness A subpoena can also compel someone to bring specific documents.

If the Defendant Doesn’t Show Up

When the defendant fails to appear, the court will usually enter a default judgment in your favor, as long as you can show proof of proper service. The judge may still require you to present your evidence. The default judgment is normally for the amount you requested plus court costs; if you file a Memorandum of Costs before trial, the judge can include those exact amounts.8Civil Law Self-Help Center. Obtaining A Small Claims Default Judgment

If You’re the One Being Sued

If you believe the person suing you actually owes you money, you can file a counterclaim. Under Las Vegas Justice Court Local Rule 5.6, the counterclaim must be filed at least five days before trial, you must pay the applicable filing fee, and the counterclaim has to be e-filed and served electronically on the other party before trial.6Nevada Legislature. Las Vegas Justice Court Local Rules of Practice

If your counterclaim exceeds $10,000 but stays within the justice court’s broader civil jurisdiction, the court may split the claims and reclassify the excess portion as a regular civil case. If it exceeds the justice court’s entire jurisdiction, broader procedural rules apply.6Nevada Legislature. Las Vegas Justice Court Local Rules of Practice

Attorney’s Fees Usually Aren’t Recoverable

Nevada law generally bars either side from recovering attorney’s fees in small claims. The main exception is retail theft or property damage claims brought by a merchant under NRS 597.860, where the merchant can recover the retail value of stolen goods, additional damages between $100 and $250, court costs, and reasonable attorney’s fees.1Nevada Legislature. Nevada Code 73 – Small Claims For almost every other type of small claims case, you cannot collect attorney’s fees even if you win. That’s part of why most people represent themselves.

Appealing a Loss

If you lose, you can appeal the judgment to the Clark County District Court. NRS 73.050 confirms the appeal path, and the prevailing party on appeal is entitled to attorney’s fees.1Nevada Legislature. Nevada Code 73 – Small Claims An appeal is not a new trial with new evidence; the district court reviews whether legal errors occurred below. Because fees are now in play, the math changes fast. A $3,000 dispute can become uneconomical to appeal if the other side’s lawyer bills more than the judgment is worth.

Actually Collecting the Money

Winning a judgment and getting paid are two different things. The court does not collect for you. If the defendant doesn’t pay voluntarily, you pursue collection yourself.

The main tool is a writ of execution, which you obtain from the court clerk. The writ directs the sheriff or constable to seize non-exempt property, garnish wages, or levy bank accounts. You can request one any time before the judgment expires.9Nevada Legislature. Nevada Code 21 – Enforcement of Judgments

Before you file at all, it’s worth knowing what you can and can’t reach. Nevada protects major categories of property under NRS 21.090:9Nevada Legislature. Nevada Code 21 – Enforcement of Judgments

  • Wages: if the debtor’s gross weekly pay is $770 or less, 82% of disposable earnings are exempt. Above $770 per week, 75% is exempt.
  • Bank accounts: if the debtor received electronic deposits in the past 45 days identifiable as exempt income such as Social Security, at least $2,000 is protected. Otherwise, $400 in any personal bank account is shielded.
  • One vehicle, if the debtor’s equity in it does not exceed $15,000.
  • Household goods, furnishings, electronics, clothing, and personal effects up to $12,000 total.
  • Professional tools, equipment, and supplies up to $10,000.

Check for attachable assets before filing. A judgment against someone with no garnishable income, no reachable bank account, and an exempt vehicle is hard to turn into cash.