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Understanding Small Claims Las Vegas Lawsuits
Small claims in Las Vegas are handled by the Las Vegas Justice Court. Here’s what you need to know if you’re considering filing a claim for damages under $10,000.
Recovering Small Claims Las Vegas
Perhaps you don’t consider yourself the litigious type, but sometimes something happens, and you find yourself filing for a small claims settlement in Las Vegas. Small claims court is a division of justice courts created to help parties resolve financial disputes inexpensively and quickly, especially if they don’t have legal representation.
In small claims court, the person bringing the claim is referred to as the plaintiff. He or she can file a claim against the respondent, referred to as the defendant, for a maximum amount of $10,000. This Court is to recover financial awards based only on personal injury damages or money spent, not to request the defendant return property, etc.
Although the Plaintiff and Defendant usually represent themselves in Small Claims Courts after a motor vehicle collision, a Las Vegas car accident lawyer is necessary for pursuing settlements of more than $10,000. Fonbuena Law Firm is available to provide legal advice and additional information regarding the court rules and required documents and forms.
How to File a Small Claims Suit in North Las Vegas, NV
To file a civil law small claims complaint in Nevada, a Plaintiff must be 18 years old or older. They should consult an attorney for legal research to determine where to file the case and which party or parties should be named in the claim.
They also need an accurate legal address for the defendant. In cases involving a personal injury or traffic incident, the suit must be filed in the county where it occurred. Otherwise, it will be in the township where the defendant resides.
Then, the plaintiff must fill out the appropriate forms and pay filing fees to have a tentative court date assigned, and the defendant served by a private process server or the Constable. The case will only be heard if the defendant is served, and the Henderson Justice Court must receive the Return of Service at least five judicial days before the court date.
To verify the court date, both parties should contact the Court at (702) 455-7951 a minimum of one day before the court date.
What You Need to Know About the Las Vegas Small Claim Court
After submitting documents and paying the filing fee to the Las Vegas Small Claims Court, you should consider whether you should hire a lawyer or utilize the services of a law self-help center.
Usually, small claims court parties represent themselves. However, since lawyers are allowed in the courtroom, it may be beneficial to have advocacy and legal counsel during the hearing, especially if your damages are at the higher end of the small claims limit.
For example, a reputable legal advisor can keep you apprised of the statutes of limitations found here that govern small claims cases. This is the time period within which a plaintiff may file their case. Their small claims case will likely be dismissed if they wait too long.
Small claims are for amounts not to exceed $10,000. Although the plaintiff can’t divide the claim into two separate actions, they can waive whatever is over the limit.
For example, suppose the property damage and personal injury received in a bike accident are over $10,000. In that case, a bicycle accident lawyer may recommend that the plaintiff reduce the suit to the accepted limit. Neither part of the small claim can collect attorney fees from the other party, making the party who hired legal assistance responsible for paying for it.
Where Is Small Claims Court Located?
To avoid going to the wrong court, all interested parties should know where the Small Claims Court is located in Las Vegas.
Small Claims Court is located in the Regional Justice Center at 200 Lewis Avenue in Las Vegas, Nevada 89101. Although the Regional Justice Center opens at 7:15 AM, people can visit the Civil Division on Monday through Thursday from 7:30 AM to 5:30 PM. It’s closed Friday through Sunday and on holidays.
The Civil Division can be reached by calling (702) 671-3478.
How to File a Small Claims Lawsuit Against a Business
You can contact Fonbuena Law Firm to learn how to file a Small Claims lawsuit against a business. For unincorporated businesses, the plaintiff should file a claim against the individual owner and the business.
To find the necessary information, contact the City of Las Vegas Business License Office, located in the City Hall at 400 East Stewart Avenue in Las Vegas, Nevada. The phone number is (702) 229-6281.
If the defendant is incorporated, the plaintiff should file against the corporation. The resident agent or corporate officer, along with the other officers, may be served. Information regarding the corporate officers can be obtained from the State of Nevada, Secretary of State, Corporation Commission located at 555 East Washington in Las Vegas, Nevada.
You can either call 775-684-5708 or check the website at https://www.nvsos.gov/sos.
Sending a Las Vegas Small Claims Demand Letter
Before filing with the Court, the plaintiff must send a Las Vegas Small Claims demand letter requesting payment to the defendant by Certified Mail, Return Receipt Requested. If the letter is unclaimed or refused, the plaintiff must wait 15 days before proceeding to the filing.
Upon filing, the claim must be submitted with the original envelope marked “refused or undeliverable” or the return receipt.
What Does a Small Claims Lawyer in Las Vegas Do?
A Small Claims lawyer in Las Vegas would recommend that the plaintiff do some preliminary investigation of the defendant. To ensure that the judgment will be collectible, they should know the following:
- What they drive
- Where they are employed
- Where they have a bank account
If the defendant doesn’t pay, the Court can immediately begin collection efforts with this information.
A lawyer can also provide support with witness subpoenas and evidence submitted. Since most parties represent themselves in Small Claims Court, the courtroom rules of evidence and procedures aren’t as strict as those in other courts. However, many may be comforted by having the professional advice of a Las Vegas pedestrian accident attorney to determine what witnesses and evidence would be helpful to their case.
Both parties can issue a subpoena at their expense. No fees are required for issuing the subpoena, but the Constable’s Office will charge to serve it. Regarding trial evidence, an attorney can ensure that each piece is clearly labeled in print form with three copies.
Small Claims Las Vegas Nevada
When filing Small Claims in Las Vegas, Nevada, you should understand that, although you aren’t required to retain legal assistance from a professional, it might be in your best interest.
An attorney from Fonbuena Law Firm could review your case and determine that your personal injury claim is worth more than you could ask for in Small Claims Court.
To ensure you are making the right decisions for your case, seeking legal advice can avoid retaliatory counter cases arising from the losing party. When considering small claims in Nevada, the last thing you want is to be sued.