Small Claims Process

Understanding the small claims process

STEP 1: Send a demand letter

• Identify the defendant you are suing and the amount of the suit.
• Send a demand letter (certified, return receipt requested): The letter must state 1) the amount of money owed or being sought; 2) the reason for the suit; 3) that the recipient of the letter has 10* days from receipt of letter to respond or a civil action will be filed with the court. Click here if you would like LPS to process your demand letter.
  *Henderson Justice Court requires a 15-day window for response.  
• If there is no response to the demand letter, contact your LPS small claims specialist to begin your new case filing. Click here to get your small claims case started. 

STEP 2: Legal action and court fees

Upon completion of the small claims documents, filing fees must be tendered to the Justice Court of jurisdiction. Jurisdiction is determined according to where the proposed defendant lives, works, or does business.
In order to get your case heard in small claims court, a fee must be paid to the court to open your case. Filing fees are determined by amount of the claim or lawsuit as follows:

• If the sum claimed does not exceed $1,000.00, the court filing fee is $66.00 
• If the sum claimed exceeds $1,000.00, but does not exceed $2,500.00, the court filing fee is $86.00 
• If the sum claimed exceeds $2,500.00, but does not exceed $5,000.00, the court filing fee is $106.00
• If the sum claimed exceeds $5,000.00, but does not exceed $7,500.00, the court filing fee is  $146.00
• If the sum claimed exceeds $7,500.00, but does not exceed $10,000.00, the court filing fee is $196.00

STEP 3: After filing

FOR NORTH LAS VEGAS, HENDERSON, RENO, SPARKS AND CARSON CITY JUSTICE COURTS ONLY

Once the case has been filed, it will be assigned a tentative hearing date. The defendant must be served with a copy of the small claims complaint within ten (10) calendar days of the hearing date. This service may be take place at either the defendant’s residence or place of employment/business; however, if the defendant is served at their place of employment/business, personal service is required.
Once the defendant has been served, the affidavit of service along with a memorandum of costs and disbursements must be filed with the court in a timely manner to confirm your case on the calendar and to notify the court of the costs incurred processing your complaint. A decision will be rendered by the court at the hearing. 

STEP 4: Finalizing the judgment

Once judgment is received, you can collect it by filing a writ of execution. A judgment is valid for six years and can be renewed for another six years as many times as necessary until the judgment is paid.
There are various types of writs; however, only one writ at a time is allowed per judgment. Learn more about the writs below and click here to submit your request for a writ of execution.

1. Garnish Wages
   This takes a recurring deduction from the defendant’s wages for up to 120 days. You must have the defendant’s employment information (please include the social security number and/or department, if known). This will claim only an allowed amount from the defendant’s paycheck; if the total amount of the judgment is not collected within the 120 days, another writ will need to be processed. 
2. Lien Property
   This places a lien on property owned by the defendant. This is a one-time filing and you must know the APN number for the property. Once the property is sold, an amount up to the total judgment amount is deducted from the sale and provided to you. If the property is not sold within 6 years, you will need to renew your judgment and rerecord the lien. 
3. Levy Bank Account
   This is a one-time filing and you must know the defendant’s bank account number, bank branch, name, and address. An allowed amount up to the judgment amount is deducted from the bank account; however, if the judgment isn’t satisfied with that bank levy, another writ will need to be processed. 
4. Levy Cash Drawer
   If the defendant is a business, you can file a writ for a cash drawer levy / till tap. This is a one-time filing where an amount up to the total judgment amount is removed from the cash drawer, till, safe, tip jar, etc. If the judgment isn’t satisfied with that levy, another writ will need to be processed. 
5. Lien Vehicle
   If the defendant owns a vehicle, you can file a writ to place a lien on it. You must have a full description of the vehicle including make, model, and serial number, as well as its location. You must also have a printout from the Department of Motor Vehicles at the time the execution is filed.
   The vehicle will be held by the constable’s office for 10 days to give the defendant a chance to pay the judgment in full. If the defendant doesn’t pay the judgment in full, the constable will set the vehicle for auction and notify you of the time and date of auction. You may attend the auction and bid on the vehicle.
   This is a one-time filing where an amount up to the judgment is deducted from the amount received from the sale of the vehicle; if the judgment isn’t satisfied, another writ will need to be processed.