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Legal Process Service (LPS) has provided the Las Vegas, Reno, and Carson City areas with professional service of process and assistance with small claims filings since 1982. Our small claims specialists are trained and ready to assist you with the small claims process both regionally and nationally. They can complete all documentation; oversee the filing of the small claims complaint, service of process, and filing of the affidavit of service; and assist you with processing your writ to collect on your judgment.
The small claims filing process
Small claims is a simple, effective collection tool when suing for amounts up to $10,000.00. At LPS, our experienced staff is able to guide you step-by-step through the entire small claims process.
The small claims courts are a division of the Justice Court system. In most small claims proceedings, applicable parties (the person bringing the suit is the plaintiff, and the party being sued is the defendant) will represent themselves, “pro se” or “in proper person.” Attorneys can represent either party in a small claims case; however, attorney fees are not recoverable from the losing party. Judges in small claims court can only order the other side to pay money. So if you hire an attorney to represent you in small claims court, you are personally responsible for attorney fees.
When considering a small claims filing, ask yourself the following questions:
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Is it worth my time and money?
Although small claims is a quick and inexpensive process, it’s not free. If the court sets a hearing date, you or someone who represents you will need to appear at that hearing. You should also consider the costs involved with preparing, filing, and serving your small claims documents. -
Am I seeking only monetary compensation?
The purpose of small claims is to reclaim a monetary value. The court cannot require an individual or business to return property (such as a lawn mower lent to a neighbor or the family pet kept by your ex) or to stop or start an action (such as allowing their dog to constantly bark in the middle of the night or removing an unsightly yard ornament). -
How much should I sue for?
You need to think carefully about this, as the judge will ask you to provide proof that you are entitled to the amount you claim. -
Is my claim for less than $10,000.00, or am I willing to settle for the small claims maximum of $10,000.00?
You can sue for a maximum amount of $10,000.00 in small claims court. If your claim exceeds $10,000.00, you may wish to consult with an attorney to file a formal lawsuit against the defendant(s). Or, you may wish to settle for the maximum amount allowed in order to sue through small claims court. However, you are not able to divide a claim into two or more claims in order to fall within the monetary limit. -
Have I attempted to resolve the issue without involving the court?
If you feel you have given the defendant(s) every opportunity to settle without involving the court, you have the option of suing through small claims. -
Do I have sufficient evidence to support my case?
You may be required to show the court proof as to why you feel you are owed the amount you are suing for. -
How do I identify the defendant(s), and do I know their location?
You must use the company or individual’s legal name when naming a party in a small claims case. Businesses must be served at the address of the registered agent listed with Nevada’s Secretary of State. Individuals can be served at their residence or their place of employment/business. LPS has a skip trace department that may be able to assist with obtaining current addresses for individuals and/or businesses. -
If I obtain judgement, do I have the required information to collect on my judgment?
The ultimate goal of filing in small claims is to collect the amount you’re suing for. If you don’t have enough information to collect, you may need to file a Motion for Examination of Judgment Debtor with the court, which must be personally served to the defendant(s). This motion requires the defendant to show up at court and provide the court and you the requested information, which is usually a list of any assets they have through which you may be able to collect your judgment.
LPS’s small claims service in Nevada
Although LPS can’t provide legal advice regarding small claims, our staff can take your small claims case from beginning to end, making the process as quick and as simple as possible for you. We will prepare the necessary case documents, file with the court of jurisdiction, and then serve the small claims document; all that is left is for you to show up at the hearing to present your case.
LPS can draft many of the documents involved in the small claims process, including the demand letter, small claims complaint, Motion for Examination of Judgment Debtor, Writ of Execution, and Satisfaction of Judgment. Our prompt service of process includes a notarized affidavit.
Once a judgment has been rendered, and upon your request, we can proceed with execution of the judgment. A writ can be prepared and filed to record and/or satisfy a judgment by executing upon a judgment debtor’s wages, real property, bank account, or cash box. Contact your LPS small claims specialist for assistance with execution of judgment.
If you qualify for any of the following, it’s important that you let LPS know, as this information must be notated on your small claims complaint as filed with the court:
- Cases arising under NRS Chapter 604A (“Payday Loans, Deferred Deposit Loans, High-Interest Loans, Title Loans, and Check-Cashing Services”)
- Cases arising under NRS Chapter 97A (“Bought/Sold Credit Card Debt / Debt Evidenced by Credit Card”)
- Cases filed by inmates against the Nevada Department of Corrections
- Cases filed by inmates against any party other than the Nevada Department of Corrections
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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.-
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. -
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. -
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. -
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. -
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.
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What clients ask about the small claims process
Can I file in the court that is closest to me?The court rules dictate that your complaint should be filed in the Justice Court of the township where the defendant(s) currently reside, does business, or is employed. If you file in the wrong court, you risk the chance that the judge may dismiss your case. Similarly, the defendant can petition the court to dismiss based on the wrong court of jurisdiction.
What if I want to sue for more than $10,000.00?
You can choose to settle for the maximum amount allowed in small claims court, or you can contact an attorney to file a formal lawsuit.
What if I don’t know where to serve the defendant(s)?
LPS has a skip trace department that may be able to obtain a more current service address for the defendant(s).
Is there an alternate method of service?
Small claims court does allow for service by certified mailing, however, this allowance must be approved by the court.
Will a representative from LPS be at my small claims hearing?
Unfortunately, no. This is the only part of the process that we cannot assist you with.
Am I entitled to recoup the fees that were paid to LPS if I win my case?
This is completely up to the judge. Should you win your case, the judge can add up to 100% of LPS fees and your filing fee to the amount you are suing for.