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Plaintiff - How to File
| * | The jurisdictional limit of Small Claims is $7,500.00. |
| * | The person you are suing MUST reside in Reno Township, which includes; Reno, Stead, Bordertown, Cold Springs, Steamboat Springs, Lemmon Valley, Verdi, and Washoe Valley. This does not include Sparks, Sun Valley, Palomino Valley, Spanish Springs, Wadsworth, Incline Village or Gerlach. |
| * | If you want to sue a business, it is recommended that you call the Reno City Business License Bureau at 775-334-2090 or the Washoe County Business License Division at 775-328-3733 to obtain the name of the licensee. If you want to sue a corporation, it is recommended that you contact the Secretary of State of the State of Nevada at 775-684-5708 (sos.state.nv.us) to obtain the exact name of the corporation and the name of the Resident Agent and his/her address. In either case, it is important to list the business or corporation exactly as it reads with the appropriate agency. ** If the party you wish to sue is an agency of the United States Government it is recommended that you contact the U.S. District Court for further information. |
| * | Small Claims complaints are pre-printed on a five (5) part form. The form must be typed and notarized. The Small Claims complaint is available in the Civil Division of the Court. Due to the nature of the form it cannot be faxed; however, you may request a Small Claims packet either by phone or fax and the packet will be mailed to you. |
| * | If you would like to print the Small Claims form from our website please go to our Small Claims Affidavit and Order. The form can then be printed and mailed to the Court for filing. If you cannot mail the form it can be presented to the Court in person. |
| * | Small Claims complaints are generally prepared by persons who are not attorneys. Attorneys may prepare these forms for you and represent you in Court; however, you cannot ask for attorney's fees as court costs. |
| * | The fee due at the time of filing is based upon the amount asked for in the Small Claim complaint.(see Small Claims Costs). If the fee is paid by check, it should be made payable to Reno Justice Court. |
| * | After the complaint has been filed, you must see to it that the defendant is properly served. You must also provide the Court with a Proof of Service after the defendant is served. It is mandatory in Reno Justice Court that you use a licensed process server to accomplish the service. (see Licensed Process Servers). You must also pay the process server`s costs. The proof should be filed with Reno Justice Court not less than ten (10) days prior to the court date. |
| * | Small Claims court dates are generally set approximately 6 - 10 weeks from the date of filing. |
PREPARING YOUR SMALL CLAIM HEARING
| * | The hearing date and time you are given are the date and time for you to present your case. You must be prepared to fully present all witnesses and evidence at your hearing. Generally you will not be able to present other evidence at any other time. Check with the process server who served your document prior to your hearing date to make sure the defendant has been properly served. |
| * | To assure the appearance of a witness who refused to appear in court voluntarily, a subpoena should be prepared and served on the witness at least two weeks prior to the hearing date. Subpoenas are available at the Civil Division and can be prepared by the clerks. The person subpoenaed must be paid a $25.00 witness fee plus 19¢ for every mile the witness must travel to get to the Court. The fees must be paid at the time the subpoena is served. The fees are considered court costs and will be added to the judgment if you prevail in your case. A process server or the Washoe County Sheriff may be used to serve the subpoena. |
| * | If your case involves damages to a vehicle resulting from an automobile accident, the clerk will provide an information sheet to be completed concerning the accident. The sheet must be returned to the Court at least 5 days prior to the hearing date along with 2 to 3 repair estimates and the police accident report, if any. |
| * | On the Court date you must bring the original plus 2 sets of copies of any documents, pictures, and statements that you will present at the hearing. The original is for the judge, one copy is for the defendant and one copy is for you. |
| * | If the defendant, after being served, would like to make an out of court settlement, the Court can provide a "Stipulation / Judgment" form. This form must be completed, signed by both parties and filed with the Court prior to the hearing. Should the defendant default on the payments, the plaintiff may execute upon any appropriate assets of the defendant to collect the amount stipulated in the judgment. |
| * | When the judgment has been paid in full the plaintiff must sign a satisfaction of judgment to conclude the case. If the defendant is properly served and wishes to settle prior to the Court date, he may also be responsible to pay the filing and service fees unless otherwise agreed. If the plaintiff wishes to release the defendant for any other reason such as bankruptcy or improper jurisdiction, a dismissal form may be used. Mail or deliver this form to the Court. Please be sure to notify your process server of the dismissal if the case is dismissed before the defendant is served with the Small Claim. |
| * | If you do not appear on the hearing date the case will be dismissed. If there is legitimate excuse as to why you failed to appear, you may file a "Motion to Set Aside Dismissal". The clerk can provide you with this form. The motion should be filed promptly, but in no case later than 6 months after the court date. If the motion is granted the Court will set a new court date and notify both parties. |
| * | If the defendant does not appear on the hearing date, the plaintiff will be awarded a judgment by default. The defendant may also file a motion with the Court to have the default judgment set aside. If the motion is granted a new hearing will be set and both parties will be notified by mail of the new date. The issuance of any execution on the judgment may be stayed until after the new hearing. |
| * | If you move, please notify the Court of your new address so you will be sure to receive any correspondence regarding your case. |
| * | A plaintiff or defendant who is dissatisfied with the Court`s decision in the case may appeal to the District Court within 5 "judicial" days (excluding the court date, weekends, and judicial holidays). See the clerk for more information on appeals. |
| * | An attorney may represent you in small claims, but you must pay your own attorney`s fees and they cannot be considered court costs. |