Procedure for Filing a Small Claim Action

Elko Justice Court, Elko, Nevada

The defendant must live, work, or do business within Elko Township at the time the claim is filed.  Before you file your claim you must demand payment through a ten-day letter of demand.  The amount you file for can not be more than you demanded in your letter.  You must provide a copy of your letter of demand to the court at the time of filing.

The maximum amount you can file for is $5,000.00.  Small claim actions can only be filed for monies owed.  For example, this type of action cannot be used to order the return of property, award a judgement for pain and suffering, or be used to enforce a divorce decree or child support order.  Attorneys do not represent either party in this type of action.  However, the parties can seek legal advice.  Please keep in mind that the court cannot give legal advice.

You must sign the Affidavit of Indebtedness before a court clerk or a notary public.  Fill out the highlighted areas of the Affidavit only, the court will type the rest.

After the Affidavit has been signed, forward a copy of your demand letter to Elko Justice Court, P.O. Box 176, Elko, Nevada 89803.  Be sure to fill out and include the Small Claim Cover Sheet.  The "comments" section on the cover sheet is for additional information that may help the Sheriff's department locate the person you are suing to serve the Affidavit.

You must include a separate check or money order for the filing fee and cost of service.  The filing fees are as follows:

     $26.00 for a claim amount less than or equal to $1,000.00

     $46.00 for a claim amount between $1,001.00 - $2,500.00

     $66.00 for a claim amount between $2,501.00 - $5000.00

If you do not know a physical address for the defendant, or wish to have the claim served by certified mail, include $4.64 in you check or money order for the filing fee.

If you wish the claim to be served by the sheriff's department, include a separate  check or money order for $17.00 for one defendant, or $32.00 for two defendants at the same residence (husband and wife.) The costs of service are estimated costs.  The Sheriff's Department charges per attempt and for mileage.  If you receive a bill from the Sheriff's Department for more than the estimated amounts listed above, please pay the fee then forward a copy of the bill to the court.  Any additional cost of service will be added to your claim.

Please keep in mind that if service is not made on the defendant, the court cannot enter a judgement in your behalf.

Three to four weeks after filing your claim, contact the Elko Justice Court Civil Clerk at 775-738-8403 to check on the status of the claim.  The court will not contact you to advise you of entry of judgment or of unsuccessful service attempts.  The court will only contact  you if the case is set for trial.  If the case is set for trial the court will mail you a letter to advise you of the setting.  

 

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XII.  SMALL CLAIMS

WEST PUBLISHING CO.

    Courts ! 174 to 176 1/2.

    WESTLAW Topic No. 106.

 

RULE 88.  ACTION FOR SMALL CLAIMS

RULE 88.  ACTION FOR SMALL CLAIMS

 

    In all cases for the recovery of money only, where the amount claimed does not exceed the statutory limit set for a small claim action, the action shall be deemed commenced when any person appears before any justice or clerk and executes an affidavit substantially in the form set forth in Rule 89, and the justice's court shall proceed as provided in these rules. Counterclaims and cross-claims are governed by Rule 13.

    Debts owing and due to one creditor or claimant from the same person may not be severed in order to bring such claims within the jurisdiction of a small claims court. Such claims must be combined and any amount in excess of the jurisdictional limit must be waived by the plaintiff in order for such claim to be adjudicated in the small claims court. Notwithstanding the above, the court may, in its discretion, order that claims which are legally or factually dissimilar be tried separately. 

WEST PUBLISHING CO.

    Courts ! 176.

    WESTLAW Topic No. 106.

 

RULE 89.  FORM OF AFFIDAVIT

RULE 89.  FORM OF AFFIDAVIT 

    The affidavit mentioned in Rule 88 shall be made on a blank substantially in the following form:

 

IN THE JUSTICE'S COURT, ...................... TOWNSHIP

COUNTY OF ......................, STATE OF NEVADA

Case No. ..........................

Docket No. .....................

    Name    Name

v.

    Address Address

    Plaintiff   Defendant

STATE OF NEVADA }

    }ss.    AFFIDAVIT OF COMPLAINT

COUNTY OF   }   AND ORDER

    …………………………..…., being first duly sworn, deposes and says: That the defendant is indebted to the plaintiff in the sum of $……………; that the reason for this indebtedness is ;

that this affiant has demanded payment of the sum; that the defendant refuses to pay the same; that one or more of the defendants is a resident of, does business in, or is employed in ................................... Township, in the County of ................................, State of Nevada; that affiant resides at the above address.

   Plaintiff—Affiant

Subscribed and sworn to before me this ................ day of ................, 20......

Justice of the Peace, Court Clerk or Notary

 

On the affidavit shall be printed:]

 

ORDER

 

The State of Nevada to the within-named Defendant, Greetings:

    You are hereby ordered to appear for trial and to be prepared to answer the within and foregoing claim at ................................ on the ................ day of ........, 20......, at the hour of .......... and to establish your defense against said claim. You are further notified that in the event you do not appear, judgment will be given against you for the amount of claim as stated in the above affidavit of complaint.

    Dated: This ................ day of ................, 20......

 

        

    Clerk or Justice of the Peace

 

    [As amended; effective June 28, 1988.]

RULE 90.  FILING OF SMALL CLAIMS

RULE 90.  FILING OF SMALL CLAIMS

 

    When the plaintiff-claimant appears, he shall prepare such an affidavit as is set forth in Rule 89, or, at his request, the justice or clerk may draft an affidavit for him. Upon the affidavit being sworn to by the plaintiff and the payment of the filing fee, the justice or clerk shall file the same and make or otherwise provide at least two true and correct copies thereof. One copy will be used for service. The original, with proof of service, will be filed with the court. The justice or clerk shall determine that all blanks in the order, on the original, are filled in and that the order is signed and also that all copies include the same information.

    [As amended; effective June 28, 1988.]

RULE 91.  SERVICE OF SMALL CLAIMS

RULE 91.  SERVICE OF SMALL CLAIMS

 

    Immediately after the filing of the affidavit, the justice or clerk shall determine the method of service to be made upon the defendant. The service may be by registered or certified mail, return receipt requested, or the court may direct that personal service be made. Whenever personal service is ordered, the court may specify who shall make such personal service. The constable, sheriff or other qualified person making personal service shall comply with Rule 4(d). The signed, returned receipt or other evidence of service shall be attached to or filed with the original affidavit and order of each small claim. Advance payment for costs of service must be made or, with the approval of the court or server, guaranteed by the plaintiff but all reasonable costs may be recovered as part of the judgment.

    Service of the affidavit and order shall be made on the defendant at least 10 days prior to the date that the defendant is required to appear. Proof of service shall immediately be filed with the court.

    [As amended; effective June 28, 1988.]

RULE 92.  DATE OF TRIAL APPEARANCE FIXED BY JUSTICE'S COURT

RULE 92.  DATE OF TRIAL APPEARANCE FIXED BY JUSTICE'S COURT

 

    Except as stipulated in writing by the parties or otherwise provided by the court or by these rules, the date of the appearance of the defendant for trial, as provided in the order endorsed on the affidavit, shall not be more than 90 days from the date of service of the order. The justice or clerk may from time to time amend the date of appearance on the order if it appears that service has not or cannot be made to allow sufficient time for the defendant to respond or to allow the court efficiently to control its calendar.

    The justice or the clerk shall notify the plaintiff, in advance, of the time, date and place of trial or shall provide by local rule a procedure for the plaintiff to determine, in advance, the time, date and place of trial.

RULE 93.  DISMISSAL WITHOUT PREJUDICE

RULE 93.  DISMISSAL WITHOUT PREJUDICE

 

    Any affidavit and order which remains unserved for a period of one year from the original filing date may be dismissed by the justice or clerk, without prejudice. Written notice of entry of a dismissal pursuant to this rule shall be mailed to the plaintiff at the address provided by him to the court in this action.

    [As amended; effective June 28, 1988.]

RULE 94.  DOCKET ENTRIES

RULE 94.  DOCKET ENTRIES

 

    The justice or clerk shall enter in the docket kept by the court:

    (a) The title of every small claim action.

 

    (b) The sum of money claimed.

 

    (c) The date of the order provided for in Rule 89 and the date of the trial as stated in the order.

 

    (d) The date when the parties appear, or their nonappearance if default is made.

 

    (e) Every adjournment, stating on whose application and to what time and date.

 

    (f) The judgment of the court and when returned.

 

    (g) A statement of any money paid to the justice or paid as a result of an execution, when, and by whom and the date of the issuance of any abstract of judgment.

 

    (h) The date of the receipt of a notice of appeal, if any is given, and of the appeal bond, if any is filed.

RULE 95.  WITNESSES

RULE 95.  WITNESSES

 

    The plaintiff and defendant shall have the right to offer evidence in their behalf by witnesses appearing at such hearing in the same manner as other cases arising in the justices' courts.

 

WEST PUBLISHING CO.

    Courts ! 176.

    WESTLAW Topic No. 106.

 

 

RULE 96.  INFORMAL TRIALS

RULE 96.  INFORMAL TRIALS

 

    No formal pleading other than the claim and notice shall be necessary, and the trials and dispositions of all such actions shall be informal, with the sole object of dispensing fair and speedy justice between the parties.

RULE 97.  PAYMENT OF JUDGMENT

RULE 97.  PAYMENT OF JUDGMENT

 

    If the judgment or order be against the defendant, he shall pay the same forthwith or at such times and upon such terms and conditions as the justice shall prescribe.

RULE 98.  APPEALS—SMALL CLAIMS

RULE 98.  APPEALS—SMALL CLAIMS

 

    A plaintiff or defendant may appeal from the judgment against him to the district court as in other cases arising in the justices' courts, pursuant to Rule 72 et seq., except that the filing of a notice of appeal must be done within five days from the entry of the judgment, rather than the 20-day period provided for in Rule 72B. No formal Notice of Entry of Judgment is required. The form of appeal and appeal bond shall be pursuant to Rules 99 and 100.

    [As amended; effective June 28, 1988.]

 

WEST PUBLISHING CO.

    Courts ! 176 1/2.

    WESTLAW Topic No. 106.

 

 

RULE 99.  FORM OF APPEAL—SMALL CLAIMS

RULE 99.  FORM OF APPEAL—SMALL CLAIMS

 

    The appeal may be taken by filing in the justice's court a notice substantially in the following form:

 

IN THE JUSTICE'S COURT, ...................... TOWNSHIP

COUNTY OF ......................, STATE OF NEVADA

 

    ,   Plaintiff-

    Appellant,

 

    v.  NOTICE OF APPEAL TO

    DISTRICT COURT

 

    ,   Defendant-

    Respondent

 

    To ............................. [party], and ............................., his attorney:

    Comes now the defendant [or plaintiff] and does hereby appeal from the judgment entered in the justice's court on the ................ day of ................, 20......, to the district court in and for the above-named county and state.

    The basis for the appeal is:    

    

    I acknowledge that I am required to post an appeal bond and to pay all filing fees and costs of appeal, including the expense of a transcript of the trial before this appeal will be filed with and considered by the district court. I further acknowledge that if the appeal is dismissed or the judgment is affirmed, I will be subject to reimbursing the other party for court costs, and attorney's fees, not to exceed $15, together with any reasonable expenses as determined by the district court.

    Dated: This ................ day of ................., 20......

 

        

    Defendant [or Plaintiff]—Appellant

 

    [As amended; effective June 28, 1988.]

 

NEVADA CASES.

    Appellant's reliance on the form which limits attorney's fees. A person who appeals a small claims action relies on the form set forth in JCRCP 99, which limits the amount of attorney's fees reimbursable on appeal (see NRS 73.050). Snyder v. York, 115 Nev. 327, 988 P.2d 793 (1999)

 

 

RULE 100.  APPEAL BOND—SMALL CLAIMS

RULE 100.  APPEAL BOND—SMALL CLAIMS

 

    (a) Bond on Appeal—General.  The notice of appeal mentioned in Rule 99 shall be accompanied by an appeal bond. The appeal bond may be in the form of a cash bond, a formal surety bond or an informal surety bond substantially in the form set out in this rule. After an appeal bond is filed, the other party may raise, for determination by the justice, objections to the form of the bond or to sufficiency of the surety. The filing of a bond on appeal stays execution on the judgment until the appeal is determined.

 

    (b) Bond on Appeal—Defendant—Form:

 

IN THE JUSTICE'S COURT, ………………….. TOWNSHIP

COUNTY OF …………………., STATE OF NEVADA

 

    ,   Defendant-

    Appellant,

 

    v.  APPEAL BOND—DEFENDANT

    (Informal Surety Bond)

 

    ,   Plaintiff-

    Respondent

 

    Whereas, the above-entitled court in the above-entitled action did on the ………….. day of ……….., 20……., enter judgment in favor of the plaintiff and against the defendant in the sum of $………….., plus costs in the amount of $………….; and

    Whereas, the defendant intends to appeal to the district court of the State of Nevada, in and for the above-named county;

    Now, therefore, the undersigned does undertake and promise that in the event the judgment is affirmed, or the appeal dismissed, then and in that event, the undersigned will pay the judgment, together with interest and attorney's fees not to exceed $15, together with costs and any other amount ordered by the district court to be paid, immediately upon demand by the plaintiff.

    Dated: This ……… day of …………………, 20………

 

        

    Surety (Not Party)

 

STATE OF NEVADA }

    }ss.

COUNTY OF   }

 

    ………………………., the surety named in the above bond, being duly sworn, says: That he is a property owner and resident within the State of Nevada, and has assets worth the sums hereinabove mentioned, in excess of all of his debts and liabilities, exclusive of property exempt from execution, as shown on the attached sworn financial statement; and that he has read all of the foregoing and states that everything therein is true and correct.

 

        

    Surety

 

    Subscribed and sworn to before me this ………… day of…………………, 20…….

 

        

    Notary, Court Clerk or Justice of the Peace

 

    (c) Bond on Appeal—Plaintiff—Form:

 

IN THE JUSTICE'S COURT, ………………….. TOWNSHIP

COUNTY OF …………………., STATE OF NEVADA

 

    ,   Plaintiff-

    Appellant,

 

    v.  APPEAL BOND—PLAINTIFF

    (Informal Surety Bond)

 

    ,   Defendant-

    Respondent

 

    Whereas, the above-entitled court in the above-entitled action did on the ………….. day of ……….., 20……., enter judgment in favor of the plaintiff and against the defendant in the sum of $………….., plus costs in the sum of $…………., which was less than the amount sought (or against the plaintiff in total and in favor of the defendant); and

    Whereas, the plaintiff intends to appeal to the district court of the State of Nevada, in and for the above-named county;

    Now, therefore, the undersigned does undertake and promise that in the event the appeal is dismissed or the judgment is affirmed, then and in that event the undersigned will pay $250 or any portion thereof as determined by the district court as and for costs and expenses, including an attorney's fee not to exceed $15, if required, to the defendant on demand.

    Dated: This ……… day of …………………, 20………

 

        

    Surety (Not Party)

 

STATE OF NEVADA }

    }ss.

COUNTY OF   }

 

        ………………………., the surety named in the above bond, being duly sworn, says: That he is a property owner and resident within the State of Nevada, and has assets worth the sums hereinabove mentioned, in excess of all of his debts and liabilities, exclusive of property exempt from execution, as shown on the attached sworn financial statement; and that he has read all of the foregoing and states that everything therein is true and correct.

 

        

    Surety

 

    Subscribed and sworn to before me this ………… day of…………………, 20…….

 

        

    Notary, Court Clerk or Justice of the Peace

 

    [As amended; effective June 28, 1988.]

 

 

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