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County Home => Sparks Justice Court => Civil Department
  • Civil, Small Claims, Evictions

    775.353.7603

    Civil Department Supervisor

    Chris Hansen 

    chansen@mail.co.washoe.nv.us

     SMALL CLAIMS

    • A Small Claims Action may be filed in order to obtain a monetary judgment.  Claims must not exceed $5,000.00.  For claims greater than $5,000.00, it is recommended you seek the counsel of an attorney, for appropriate filing.  Your small claims may be filed with the Sparks Justice Court if one of the following criteria applies to the defendant:
      1. They Reside within the boundaries of the Sparks Township, and/or,
      2. They are Employed within the boundaries of the Sparks Township, and/or,
      3. They perform business obligations  within the boundaries of the Sparks Township.
    • If your claim involves vehicle repairs or damages, you must either:
      1. Submit a copy of the repair bill for work performed, or,
      2. Obtain three (3) estimates and submit the least of the three estimates as to the value of work needed to be performed.
    • If you are involved in a vehicle accident and are requesting monetary damages, the following may apply:
      • If the defendant was cited at the accident, you must provide a copy of the police report and a copy of the decision from the Court indicating the outcome of the proceedings.  This information will aid the Judge in adjudicating your small claims case.
    • Small claims alleging new construction or remodel errors (including landscaping and/or damages) may be governed by Nevada Revised Statutes 40.600.  Cases which fall under this statute will be submitted to mediation before you can file a small claims action.  Please contact our office to obtain further information at (775) 353-7603.
    • If your claim is against a business or corporation, you must contact either Sparks Business Licensing at 353-2360 or Washoe County Business Licensing at 328-3733 to determine if the business is a sole proprietorship, or a partnership, or a corporation.  If the business is a corporation, you will also need to contact the Secretary of the State`s office at 684-5708 or online at http://sos.state.nv.us/default.asp, to obtain information and the name of the Resident Agent.
    • Upon completion of the information sheet and payment of fees, the court clerk will then type the "Affidavit and Order", which will then be served upon the defendant.
    • YOU MUST BRING AN ORIGINAL and TWO (2) copies of all documents/evidence with you to court.  Failure to do so will result in dismissal or continuation of your case OR assessment of copy fees at the rate of $1.00 per page.

     CIVIL COMPLAINTS
    (JUSTICE COURT ACTIONS)

    • If you are filing for damages in excess of $5,000.00 or if your suit involves a breach of contract, punitive damages, an action to obtain possession of property, a writ of restitution, or other like actions, you may need to seek the advice of legal counsel.  The court is not able to provide forms for filing your complaint.  Please refer to the fees section below for costs associated with this type of complaint.

     EVICTIONS

    • Eviction procedures for:
      • Non-Payment of rent,
      • Breach of Contract,
      • Unlawful Detainer
        • Notice of Eviction for Non-Payment of Rent.  This is a 5-day notice for past due rent and contracted late fees only.
        • Breach of Contract may be issued for violations of a written contract between a landlord and a tenant.  A copy of the contract must be provided at the time of filing.
        • Unlawful Detainer may be issued after a tenant has been served with and has failed to comply with the following:
          • Seven (7) or Thirty (30) day "No Cause" eviction
          • Notice of Waste, Nuisance, or Unlawful Business
          • Tenancy at Will
    • Service of an Eviction Notice may be done:
    • Upon completion of service, an Affidavit of Service must be completed and filed with the court.
    • If the tenant is served personally, they will have five (5) working days in which to either comply with the notice, vacate the premises or file an Affidavit of Tenant contesting the notice, with the court, at which time a hearing will be set.  If the tenant is unavailable to accept service of the notice personally, it may be posted on the door and mailed, obtaining a certificate of mailing from the post office.  In this instance, the tenant will have eight (8) straight days in which to comply with the notice.
    • If the tenant takes no action within the time period allowed, the landlord may apply for a Lockout Order.  The Order must be signed by a Judge and may only be served by the Washoe County Sheriff`s Office.
    • Please refer to the fees section below for costs associated with this type of action.

    FORMS & OTHER PAPERWORK

    • The Sparks Justice Court Civil Division has various forms available for use in the filing of certain court documents.  Please feel free to visit the court or call should you have any questions as to the necessity and availability of certain paperwork to be utilized.  For your convenience the court has posted the following link for you to download and print at your leisure.

     SUPPLEMENTARY HEARINGS

    • After a case has been decided in favor of the plaintiff by the magistrate, the burden to collect the awarded amount becomes the plaintiffs.  Although there are various avenues by which both parties can stipulate to the repayment, it occasionally becomes necessary to hold a supplementary hearing, wherein both parties are present, and the plaintiff is authorized to question the defendant as to his or her assets.  If the defendant should fail to appear at this hearing or make prior arrangements with the plaintiff, a warrant may issue for the defendant`s arrest, after an Order to Show Cause Hearing.

    PROOF OF SERVICE

    • The Court requires certain court documents, including your small claims affidavit and order, served by an authorized & licensed process server or the Washoe County Sheriff`s Department--Civil Division.  The Sheriff`s Office has placed a sub-station specifically for civil matters at the courthouse for your convenience.  The Court provides a list of process servers, should you elect to utilize an agency other that the Sheriff`s Office.

    FEE SCHEDULES

    SMALL CLAIMS FEES
    Affidavit and Order

    AMOUNT SOUGHT

    COST

    If the sum claimed does not exceed $1,000.00

    $46.00

    If the sum claimed exceeds $1,000.00 but does not exceed $2,500.00

    $66.00

    If the sum claimed exceeds $2,500.00 but does not exceed $5,000.00

    $86.00

    Writ of: Attachment, Garnishment, Execution, or other writ designed for judicial enforcement

    $6.00

    ADDITIONAL FILINGS

    Order for Supplementary Proceeding

    $19.00

    Renewal of Judgment

    $32

    Claim of Exemption from Execution

         Defendant's 1st Pleading

         Not Defendant's 1st Pleading

     

    $33.00

    $10.00

    Motion to Set Aside Default Judgment

    $33.00

    Motion to Set Aside Dismissal

    $10.00

    Transfer Fee from Small Claims to Civil Jurisdiction

    $50.00

    Order to Show Cause

    $13.00


    EVICTION NOTICE FEES:

    EXPLAINATION OF NOTICE

    COST

    Non-Payment of Rent, Breach of Contract, Unlawful Detainer

    $49.00

    Affidavit of Tenant

    $33.00

    Seven (7) or Thirty (30) No Cause

    No Charge

    Notice for Nuisance Waste or Unlawful Business

    No Charge

    Tenancy at Will

    No Charge

    Order for Lockout

    $6.00


    FILING FEE FOR CIVIL COMPLAINTS
    Justice Court Actions

    AMOUNT SOUGHT

    COST

    If the sum claimed does not exceed $1,000.00

    $49.00

    If the sum claimed exceeds $1,000.00 but does not exceed $2,500.00

    $71.00

    If the sum claimed exceeds $2,500.00 but does not exceed $4,500.00

    $121.00

    If the sum claimed exceeds $4,500.00 but does not exceed $6,500.00

    $146.00

    If the sum claimed exceeds $6,500.00 but does not exceed $7,500.00

    If the sum claimed exceeds $7,500.00 but does not exceed $10,000.00.

    In all other civil actions

    $171.00

    $196.00

    $44.00

    Answer to Complaint or Defendant`s First pleading

    $33.00

    Confession of Judgment 

    $33.00

    Writ of: Attachment, Garnishment, Execution, or other writ designed for judicial enforcement

    $6.00

    Order for Supplementary Proceeding

    $19.00

    Renewal of Judgment

    $32

    Claim of Exemption from Execution

         Defendant's 1st Pleading

         Not Defendant's 1st Pleading

     

    $33.00

    $10.00

    Motion to Set Aside Default Judgment

    $33.00

    Motion to Set Aside Dismissal

    $10.00

    Transfer Fee from Small Claims to Civil Jurisdiction

    $50.00

    Order to Show Cause

    $13.00


     


 
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