LEGAL BRIEF SMALL CLAIMS COURT JANUARY 2016

Transcription

1 LEGAL BRIEF SMALL CLAIMS COURT JANUARY 2016 PREPARED BY NELLIS LAW CENTER, 4428 England Ave (Bldg 18), Nellis AFB, Nevada , Appt. Line SMALL CLAIMS COURT This handut prvides a basic verview f small claims prcedures in the Las Vegas area. Small claims curts are designed t handle simple, infrmal, speedy, and inexpensive trials withut extensive technical prceedings. Each party can act as their wn attrney. If yu have questins regarding the prcedures, yu shuld cntact the curt clerk's ffice. If yu have questins abut whether yu shuld g t curt r hw t present yur case, cntact an attrney. Fr further infrmatin, yu may reach the Legal Office by calling If yu file the small claim, yu are called the plaintiff. The persn r business the claim is against is called the defendant. If the defendant then files a claim against the plaintiff, this is called a cunterclaim. The fllwing infrmatin was created by the Clark Cunty Curts and is prvided here as a curtesy. It can als be accessed nline at SMALL CLAIM FILING - GENERAL INFORMATION The Justice Curt, Las Vegas Twnship accepts all civil curt prceedings within the Las Vegas Twnship. The Justice Curt Clerk's Office is lcated n the 2nd flr f the Reginal Justice Center, 200 Lewis Avenue, Las Vegas, Nevada. Business hurs are 8:00 am t 4:00 pm, Mnday thru Friday, excluding hlidays. The infrmatin line fr the Civil Divisin is (702) The infrmatin prvided here is nly general. Please cntact the curt t discuss each individual custmer's situatin in mre detail. If yu are cnsidering filing a small claim case, yu may be interested in taking advantage f a FREE time saving alternative called the NEIGHBORHOOD JUSTICE CENTER. The Center's persnalized n cst mediatin service may help yu reslve yur dispute mre quickly that thrugh the curts. Fr infrmatin n the Neighbrhd Justice Center prgrams, call

2 SMALL CLAIM FILING GUIDELINES A Small Claims may be filed in the Las Vegas Justice Curt nly if: The Small Claim is excluded frm mediatin. The claim will be set fr a hearing befre a Small Claims Referee nce the Defendant(s) have filed Answer. The hearing will be within 45 days f the Answer. The claim is fr mney nly and des nt exceed $7,500. If the claim is mre than $7,500, yu may wish t cntact an attrney. If yur claim is fr mre than $7,500, yu cannt divide the claim by filing tw r mre separate actins. Yu may, hwever, decide nt t pursue any amunt ver $7,500 and limit yur pssible recvery t a maximum f $7,500. Yu are 18 years ld r lder. Befre filing a Small Claims Cmplaint, the plaintiff must d the fllwing: Send a demand letter (sample included at the end f this packet), with return receipt requested, t the Defendant. The demand letter must instruct the Defendant t pay the amunt due within 10 days f the date that the letter is sent, r the Plaintiff will file a Small Claims case against the Defendant. Wait at least 10 days frm the date the demand letter is sent befre filing a Small Claims case against the Defendant. Include a cpy f the demand letter alng with the signed return receipt (as prf f mailing) with the Small Claims Cmplaint when the Small Claims case is filed against the Defendant. SMALL CLAIMS FILING FEES The Filing Fee depends n the amunt f mney being sued fr in the Small Claims Cmplaint: Fr lawsuits seeking recvery f $.00 t $1,000.00, the fee is: $66.00 Fr lawsuits seeking recvery f $1, t $2,500.00, the fee is: $86.00 Fr lawsuits seeking recvery f $2, t $5,000.00, the fee is: $ Fr lawsuits seeking recvery f $5, t $7,500.00, the fee is: $146.00* Filing fees are due at time f filing. Payment may be made by cash, VISA, MASTERCARD, ATM and Debit cards (will be prcessed as VISA r MASTERCARD credit cards), persnal check, mney rder, r cashier's check. Persnal and/r business checks must be pre-printed with the custmer infrmatin f name and address. N filing will be accepted withut the payment f the apprpriate fee. If the filing party cannt affrd the filing fee, the filing party must als prepare a Fee Waiver Applicatin (the frmal title f the dcument is Applicatin t Prceed In Frma Pauperis) prir t arriving at the Clerk's Office. The Clerk's Office will receive the dcuments that the filing 2

3 party wants t file and if the Fee Waiver is granted by a Judge, the dcuments will be filed. If the Fee Waiver is denied, the Clerk's Office will call the filing party t advise that they have 2 business days t pay the fee r the case will be clsed. MANDATORY E-FILING OF ALL CIVIL CASES All dcuments t be filed with the Justice Curt's Civil Divisin (except Judge's Orders fr signature) are required t be electrnically filed (E-Filing). Users may file thrugh Odyssey E- File & Serve at fr a charge f $2.50 fr each dcument. This fee is in additin t any applicable Curt filing fees. Yu must have a credit r debit card. The credit card cmpany charges 8 cents (3% as a service charge) t E-File each dcument utside f the Reginal Justice Center. Users may E-File dcuments fr free (but will still have t pay any applicable Curt filing fees) at the scanning statins lcated in the Justice Curt Clerk's Office n the 2nd flr f the Reginal Justice Center, 200 Lewis Avenue in Dwntwn Las Vegas. Cash, Checks r Mney Orders will be accepted fr curt filing fees at the Justice Curt Clerk's Office n the 2nd flr f the Reginal Justice Center. An address is required t receive a file stamped cpy f yur dcument. A free accunt may be set up at the Self-Help Center n the 1st flr f the Reginal Justice Center, 200 Lewis Avenue in Dwntwn Las Vegas. Yu may als establish a free accunt thrugh Micrsft at htmail.cm, Yah at mail.yah.cm r Ggle at mail.ggle.cm. SMALL CLAIMS FILING Small Claims Cmplaint dcuments can be filed in persn at the Justice Curt Clerk's Office lcated n the 2nd flr f the Clark Cunty Reginal Justice Center, 200 Lewis Ave., Las Vegas, Nevada. Business hurs are 8:00 AM t 4:00 PM, Mnday thru Friday, excluding hlidays. Electrnic filing (E-Filing) is mandatry fr all civil case filings, except Orders needing a Judge's signature. Curt users may E-File frm any lcatin with an internet cnnectin fr a fee, r may E-File at the Las Vegas Justice Curt withut an E-Filing fee. See E-Filing & Service fr further infrmatin. All dcuments shuld be typed r written clearly. All custmers must prepare their wn Small Claims Dcuments. Curt staff are nt permitted t assist yu in preparing yur cmplaint. There is a walk-in Self-Help Center lcated n the first flr f the Reginal Justice Center that prvides infrmatin and frms fr peple wh are representing themselves in Curt. Self-Help services are als available at their website, staff at the Self-Help Center cannt prvide legal advice. After-Hurs Filing: (Effective July 16, 2011, After Hurs Filing Will N Lnger Be Allwed) 3

4 SERVICE OF SMALL CLAIMS COMPLAINT The Plaintiff is respnsible fr prper service f the Small Claims Cmplaint The Small Claims Cmplaint shuld be served n the Defendant IMMEDIATELY after the cmplaint is filed. Plaintiffs shuld be aware that if the Defendant is nt served, the Curt will nt hear the case. The Prf f Service MUST be fully cmpleted and filed with the Curt immediately after service. Service must be perfrmed by a licensed private prcess server, a disinterested third party, r the Las Vegas Twnship Cnstable. The Plaintiff himself may nt serve the Small Claims Cmplaint n the Defendant. Fr infrmatin regarding the SERVICE f a Small Claims Cmplaint cntact the Las Vegas Twnship Cnstable's Office at (702) Service by Mail: The Justice Curt Judges have determined that the Defendant must be persnally served; hwever, if the Defendant resides in a gated cmmunity, a Judge may allw service by certified/registered mail. Yu must get apprval frm the Curt in advance t serve the Cmplaint by certified/registered mail. SMALL CLAIMS ANSWER (August 31, 2011 and PRIOR) In cases filed prir t and n August 31, 2011, Defendants d nt have t file an Answer in Small Claims cases. SMALL CLAIMS ANSWER (as f September 1, 2011) In all Small Claims, all Defendants are required t electrnically file (E-File) their Answer with the Justice Curt Clerk's Office Civil and mail a cpy by United States Mail, with first-class pstage, t the Plaintiff(s) within 20 calendar days f service f the Cmplaint. Yur failure t answer (respnd t) the Cmplaint within 20 calendar days may result in the Plaintiff filing a Mtin fr Default Judgment against yu. This means the Judge may grant a Judgment fr the Plaintiff based n the claims/allegatins in the Cmplaint withut cnsidering yur pssible defense(s) r explanatin(s). Yu may electrnically file yur riginal Answer, fr free, at the Justice Curt Clerk's Office with this Curt, r yu may electrnically file ($3.00 charge using credit r debit card) at: SMALL CLAIMS MEDIATION (as f September 1, 2011) Excluding Small Claims Chapter 604A cases and Small Claims NRS 97A.165 cases Parties in all Small Claims cases are required t attend mediatin. Mediatin is an infrmal dispute settlement prcess in which a neutral third persn called a mediatr helps the parties 4

5 cmmunicate abut the issues and ptins fr reslving differences in rder t reach an agreement n all r part f the issues in dispute. The parties keep the right t make decisins abut their case; the mediatr guides the prcess but des nt decide the case. The mediatr assists the parties in identifying issues, encuraging jint prblem-slving and explring settlement alternatives. Please plan n spending 2-3 hurs in mediatin, althugh sme matters can be mediated in less time. Only decisin-makers may participate in mediatin. Yu may bring evidence t share with the ther party, but witnesses are nt typically invited int the mediatin rm. This free mediatin service is ffered by well-trained vlunteers and staff f the Clark Cunty Curts Neighbrhd Justice Center. The Neighbrhd Justice Center (NJC) was created thrugh legislatin apprved by the Nevada State Legislature in 1991 t prvide citizens, businesses, and rganizatins an alternative t the Curt prcess fr cnflict reslutin. If yu wuld like mre infrmatin abut the Neighbrhd Justice Center, yu may wish t review their website: If a settlement has been agreed n by all parties, the mediatr will cmplete the Curt Mediatin Agreement frm and have all parties sign the frm. The riginal Agreement will becme part f the case file. The Neighbrhd Justice Center will give each party a cpy and keep a cpy. Cases that were nt successfully reslved by mediatin will have a Small Claims hearing date set by the Curt 10 t 21 days later. Parties will be ntified f their Small Claims hearing date by letter. SMALL CLAIMS FILING PROCESS FOR CASES EXCLUDED FROM MEDIATION Small Claims cases excluded frm mediatin will be set fr a hearing befre a Small Claims Referee nce the Defendant(s) have filed Answer. This hearing date will be scheduled within 45 days f the Answer. Prf f Service must be returned t the Curt IMMEDIATELY after service. Plaintiffs shuld be aware that if the Defendant is nt served, the Curt will nt hear the case. If the Small Claims Cmplaint was excluded frm mediatin n yur Small Claims hearing date, yu will g t a curtrm alng with many ther peple wh have als been scheduled fr an appearance that day. First, the clerk will call the rll frm the dcket t see wh is in attendance. Once this is dne, a Default Judgment will be entered in cases where the Plaintiff appeared but the Defendant did nt appear. If nly the Defendant appears, and the Plaintiff des nt appear, the case will be dismissed. It is very imprtant t nt be late, because if yu arrive after the rll call, yur case may already have been handled by either a default judgment r a dismissal. If either an rder t dismiss r a default judgment is entered because yu have failed t appear, r were nt present n time when the rll was called, that rder is final and IS NOT SUBJECT TO THE FORMAL OBJECTION PROCESS. 5

6 IF THE MEDIATED SMALL CLAIMS CASE WAS NOT SUCCESSFULLY RESOLVED Cases nt successfully reslved by mediatin will have a Small Claims hearing date set by the Curt. The hearing date will be abut 10 t 21 days after the mediatin date. Parties will be ntified f their Small Claims hearing date by letter. Yu must appear at the new hearing date and time n this summns and rder t appear. Failure t appear at the time set may cause yur case t be dismissed if yu are the plaintiff r having a default judgment entered against yu if yu are the defendant. An rder t dismiss r default judgment fr failure t appear at the mediatin is nt subject t the frmal bjectin prcess. SMALL CLAIMS HEARING Hearings in Small Claims cases are infrmal and are designed t prmte fair and speedy justice. The PLAINTIFF and DEFENDANT may ffer evidence, including witnesses, t supprt their arguments. IMPORTANT NOTE: At the beginning f each Curt sessin, in the mrnings and afternns, there may be a lengthy line f peple waiting t enter the curthuse thrugh security. Be certain t arrive early s that yu d nt miss yur case being called. When yur case ges t hearing befre a referee, yu and the ther party in yur case will mve t the frnt f the curtrm. When yur case number and names are called, yu can present yur arguments and tell yur stries t the referee. Small Claims cases usually take n mre than 10 r 15 minutes. It is very imprtant, therefre, that yu plan ahead regarding what yu will say. Yur stry shuld be well rganized and t the pint. D nt g ff n tangents, include t many details, r be repetitius. Stay calm and plite. If yu are the Plaintiff, yu will speak first. As the Plaintiff, it is yur burden t prve yur case. Yu shuld nt assume that the Defendant will admit liability, s yu must infrm the referee f enugh facts t cnvince him r her that yu shuld win. Yur pening statement shuld summarize the nature f yur claim and the damages yu have suffered as a result f injury, breach f cntract, vilatin f a right, etc.; why the ther persn is at fault thrugh intentinal r negligent behavir; and why yu did nt cntribute substantially t the lss. If yu are the Defendant, yu will speak after the Plaintiff. As the Defendant, yu may make an pening statement after the Plaintiff is dne, r yu may make yur pening statement after the Plaintiff has presented their entire case and befre yu ffer any evidence, including yur wn testimny. The Plaintiff has the burden f prving their case. Yu may decide whether r nt t testify r present any witnesses. Yu may wish t tell the referee why yu are nt respnsible fr the claims made by the Plaintiff r present ther evidence. Curt staff cannt advise yu n whether t testify r present evidence. Yu may als bring witnesses: either smene wh has firsthand knwledge f the facts (example, he saw the accident) r is an expert n the subject (example, the mechanic wh examined yur car after it was twed). Yu can als present dcuments r ther evidence fr the referee t cnsider. After bth sides have presented their arguments, the referee may ask 6

7 questins r allw crss-examinatin. The referee may decide the case immediately; if the matter is cmplicated, the referee may take the case "under advisement." This means that the referee will cnsider the facts, r research questins f law, and will issue a decisin in writing at a later time. If the case is heard by a referee, the referee will prepare written "Findings f Fact, Cnclusins f Law, and Recmmendatins." Either party may bject t the referee's written decisin by filing a Frmal Objectin within 5 days after receipt f that decisin. Because f this rule, tw utcmes are pssible: A timely bjectin can be filed, and a Justice f the Peace will review the matter by "trial de nv" (a new trial in which evidence is heard as if the case had never been heard by the referee) befre issuing a final judgment, r If a timely bjectin is nt filed, the Curt will autmatically accept the referee's findings, and the referee's decisin will becme a judgment. At that time, cpies f the final judgment can be btained at the Justice Curt Clerk's Office. PLEASE NOTE THAT THE REFEREE'S DECISION IS NOT ENFORCEABLE IN ANY MANNER UNTIL THE FORMAL OBJECTION PERIOD HAS EXPIRED. Parties may search fr Small Claims Cases. Lk fr the case by Case Number, r either Plaintiff r Defendant name. Cmplete instructins n hw t search fr calendar dates can be fund n the Calendar Inquiry Page. IMPORTANT PLAINTIFF INFORMATION This is yur claim. Yu are the Plaintiff. The Curt will make a decisin in the case frm the infrmatin yu prvide. The Curt des nt investigate Defendant addresses, emplyment, bank accunts, r ther infrmatin. The Curt des nt cllect mney fr yu. If the Curt awards yu a Judgment n the claim, yu are respnsible fr lcating all infrmatin needed t cllect n that Judgment and taking any ther legal actin necessary t cllect. Curt emplyees cannt ffer yu advice n hw t cllect yur judgment. IMPORTANT INFORMATION FOR PARTIES IN SMALL CLAIMS CASES Curt emplyees may nly explain Curt prcedures. They are prhibited by Nevada law frm ffering legal advice. Assistance is prvided by the Self-Help Center lcated n the 1st flr f the Reginal Justice Center, 200 Lewis Ave., in Dwntwn Las Vegas and is pen frm 8:00 a.m. t 4:00 p.m. Mnday thrugh Friday except hlidays. They prvide instructins and n cmmn Curt frms. Their web site is: If yu have specific questins n Small Claims matters, cnsult an attrney r cntact the Clark Cunty Law Library. The Law Library's address is: 309 S. Third St. #400, Las Vegas, Nevada, The phne number is: (702) Library staff cannt prvide legal advice, but they may refer yu t surces yu may research. T help individuals understand the Small Claims prcess, a FREE SMALL CLAIMS COURT INFORMATIONAL CLASS is ffered by the UNLV Byd Schl f Law, Clark Cunty Legal 7

8 Services, and Nevada Legal Services. The classes are prvided in bth English and Spanish. Fr class infrmatin r t register, call , Ext Finally, it is the parties' respnsibility t understand the purpse and rle f the Small Claims prcess. The Curt des nt accept liability fr the actins r decisins made by the parties in Small Claims prceedings. COURT FORMS PAGE Sample filing dcuments are available at: Fr mre infrmatin regarding small claims curt, visit the Clark Cunty Curts hmepage: Or visit the Clark Cunty Curt s Small Claims hmepage: THE INFORMATION CONTAINED IN THIS PAMPHLET IS OF A GENERAL NATURE AND IS PROVIDED FOR YOUR ASSISTANCE AND CONVENIENCE. IT IS NOT INTENDED AS LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR LEGAL COUNSEL. IF YOU HAVE ANY QUESTIONS AS TO HOW THE LAW IN THIS AREA AFFECTS YOU OR YOUR LEGAL RIGHTS, CONTACT A CIVILIAN ATTORNEY OR THE NELLIS AIR FORCE BASE LEGAL OFFICE FOR AN APPOINTMENT WITH A LICENSED ATTORNEY. 8

9 JUSTICE COURTS Las Vegas Twnship Clerk's Office Hurs Clark Cunty Curthuse Mn - Fri Suth Third Street, Secnd Flr Las Vegas, Nevada Phne: Nrth Las Vegas Twnship Clerk's Office Hurs 2428 Martin Luther King Blvd, Bldg A Mn - Fri Nrth Las Vegas, Nevada Phne: Hendersn Twnship Clerk's Office Hurs 243 Water Street Mn - Thurs Hendersn, Nevada Phne: BUSINESS LICENSE DEPARTMENTS Clark Cunty: Las Vegas City: Bridger Building City Hall 333 Suth Sixth Street 495 S. Main St Las Vegas, Nevada Las Vegas, Nevada Phne: Phne: Nrth Las Vegas City: Hendersn City: City Hall City Hall 2250 Las Vegas Blvd Nrth 243 Water Street Nrth Las Vegas, Nevada Hendersn, Nevada Phne: Phne: OTHER RESOURCES Neighbrhd Justice Center, , negtiates/mediates small claims disputes Nevada Legal Services, , legal advice fr lw incme citizens Senir Citizens Law Prject, , legal assistance t Nevada residents ver 60 Office f Attrney General Cnsumer Prtectin Office, , helps in cnsumer credit and fraud cases 9