Incline Village – Crystal Bay Justice Court

The Small Claims Court is an informal court for the purpose of dispensing fair, speedy justice on claims up to the jurisdictional limit. The jurisdictional limit is $10,000. No formal pleading other than the Declaration of Complaint (sworn statement) is necessary. While small claims are official court cases, trials are designed to be quick and relaxed in order to provide an inexpensive and swift method of settling minor and uncomplicated money disputes.

Claim splitting is not allowed. Any claims against a Defendant must be aggregated into one case with a maximum possible recovery of no greater than the jurisdictional limit. 

If your claim exceeds the jurisdictional limit you may still use the Small Claims Court, but your relief will be limited to the jurisdictional limit of $10,000 and you will lose the right to claim the excess.

Frequently asked questions:

Who can use the Small Claims Court?

Any person, corporation, partnership or other legally recognized organization can file an action in the Small Claims Court. No formal rules of evidence, pleading, discovery or examination of witnesses, etc., are followed in a small claims action. No attorney fees are allowed, although parties may be represented by counsel if they pay their legal fees. The use of juries is prohibited. No other person can represent or bring a claim without court approval. A business may be represented by an officer, director, employee or attorney.

When is a small claims action appropriate?

Small Claims Court is primarily used for "due and owing" money debts after a demand for payment has been made and the party has refused to pay. Other minor personal injury claims, those involving property damages, and claims for canceling, avoiding or getting out of a contract may also be filed in small claims court. Claims will be dismissed without prejudice if the matter proves too complicated or inappropriate for small claims court, so that the claim can be brought in a more appropriate court. The matter may be dismissed with prejudice if there is a blatant failure of proof. 

Some examples of situations in which you may use the Small Claims Court are:

1. When someone owes you money, you have demanded payment, and the party has refused to pay.
2. When someone owes you money for goods sold and delivered, for past due bills, services rendered, or on bad checks.
3. When your landlord refused to account for or return your security /cleaning deposit, or your tenant refuses to pay rent owed which has accrued and/or damages to the premises (other than normal wear and tear).
4. When someone has damaged your property and won't pay for the repairs or replacement.

Before filing a Small Claims Court action, you must try contact the other party in writing and try to solve the problem. The court may dismiss a small claims case if the plaintiff has not first attempted to collect the money through a written demand.

Which cases are not appropriate for small claims?

Small Claims Court is intended for sums "due and owing," (or at least sums capable of relatively simple calculation that do not involve speculation or complex legal issues). The following types of cases do not lend themselves to resolution in small claims court:

1. Punitive damages.
2. Piercing the corporate veil.
3. Real estate matters other than breach of contract.
4. Defamation, slander and libel.
5. Fraud/intentional misrepresentation/emotional distress.
6. Cases where expert witnesses are needed to prove ultimate issues.
7. Cases where a necessary party is beyond small claims jurisdiction.
8. Other cases involving complex legal issues that should be briefed by an attorney or involving a need for civil discovery to properly present the case.

Any plaintiff considering filing one of these types of cases should consult an attorney before proceeding in small claims court. Experience indicates that most laypersons have great difficulty satisfying their burden of proof on such cases. If a case is dismissed with prejudice, the plaintiff is forever barred from bringing the case in any court.

REMEMBER: THE PLAINTIFF HAS THE BURDEN OF PROOF ON ALL ELEMENTS OF HIS/HER CASE.
ALL "TIES" MUST, BY LAW, GO TO THE DEFENDANT.

Who can be sued in small claims court?

The defendant must be a resident of, employed in, or doing business in Incline Village or Crystal Bay, Nevada, for the claim to be filed in this Justice Court. The plaintiff must supply the Court with the correct address of the defendant.

To sue a business or a corporation in Small Claims Court, the proper party who represents the entity must be named on the Declaration of Complaint and Order. If it is a business, the Washoe County Business License Division can provide the name of the licensed owner(s). 

If your claim is against a corporation, the Secretary of State in Carson City can provide the name and address of the "Registered Agent" who may be located in this Township. The claim must be filed against the Corporation, naming the Registered Agent as the party the papers should be personally served upon. If there is no Registered Agent for the corporation, personal service may be made on the president, secretary/treasurer or other responsible officer. Should the address of the Registered Agent be outside of Incline Township, you will have to provide for service of the affidavit where the Registered Agent is located unless the court approves local service on an officer.

It is important to list the business or corporate title exactly as it reads.

Before a claim may be filed against a City, the County of Washoe or any other political subdivision all administrative remedies must be exhausted. There are certain procedures which must be followed:

• In the matter of any city or the State of Nevada: present the claim to the appropriate city council or the State Board of Examiners. If denied, file in the Justice Court covering the city, or Carson Justice Court for the State of Nevada.
• In the matter of Washoe County, Nevada: one must file a claim with the County Clerk of Washoe County. If the Clerk disallows the claim, you may resort to the Small Claims Court in the Reno Justice Court.

What does it cost to file a small claims case?

Filing fees are based on the amount of damages sought. Fees run between $66.00 and $196.00. This fee is due at the time of filing. Checks are to be made payable to “Incline Justice Court.”

The fee for personal service depends upon the individual process server used and/or location of service. The Small Claim Declaration and Order should be served by a process server. A separate check should be made out for the service fee.

Should the Defendant wish to make an out of court settlement after he/she has been served, the Plaintiff is also entitled to recover from the defendant the costs of filing the suit and having it served. Should both parties appear on the assigned hearing date and the Plaintiff be awarded judgment, the Plaintiff may also be entitled to his costs of suit in addition to the principal claim. For this reason, participants should participate in court ordered mediation in a good faith effort to try to resolve the case to reduce the costs incurred.

How do you start a small claims action?

The party filing a small claim is referred to as the Plaintiff. The party filed against is referred to as the Defendant.  To start a small claims action, the plaintiff must first file a claim ("Declaration of Complaint and Order") with the civil court clerk. This document states who the plaintiff is suing, the amount of money the plaintiff is suing for and the reason(s) the plaintiff claims to be owed the money. Any sums claimed must be owed directly to the plaintiff. The plaintiff must know the full name and correct address of the party to sue and whether the party is an individual, sole proprietorship, partnership or corporation. 

The filing and service fees must be paid by the plaintiff to initiate the action. These fees may be recovered as part of the judgment if the plaintiff prevails at the trial or if the Defendant fails to defend the action.

The plaintiff will be given two (2) service copies which must be taken immediately to the process server of his/her choice. 

What is the process once a small claims case is filed?

Service of Process:

After filing a Small Claims case, the Plaintiff must serve the Declaration of Complaint and Order for Mediation and Small Claims Hearing on the Defendant. The Plaintiff must file a Certificate of Service with the court at least ten days before the scheduled Mandatory Mediation date. Failure to file a Certificate of Service on time will result in the case being dismissed without prejudice.

Mediation: 

This court has adopted a Mandatory Mediation Program for small claims cases. Every small claims action brought in this court will be sent to mediation with the Neighborhood Mediation Center. Mediation is an opportunity for the parties to attempt to resolve the case outside of the courtroom with the assistance of a neutral third party. 

Small claims mediations are held via zoom. Parties are required to attend the mediation and participate in good faith. The date for the mediation and zoom log in information is included on the Order for Mediation.  If the plaintiff fails to appear for mediation, the case will be dismissed. If the defendant fails to appear for mediation, the court will issue a default judgment against the defendant for the amount sought and any costs. 

Small claims hearing:

If the case does not resolve at the Mandatory Mediation, the parties are required to attend the Small Claims Hearing. The date for the Small Claims Hearing is included in the Order for Small Claims Hearing. Small claims hearings are held in person at the Incline Justice Court. Permission to appear via zoom must be granted by the court upon a showing of good cause.

The parties must be present in Court at the scheduled hearing time and ready to present the case when it is called. If the Plaintiff is not present or ready to proceed, the case will be dismissed. If the Defendant is not present or ready to proceed, the court will issue a Default Judgment Against the Defendant.

Copies of Documents:

Each party must provide copies of all evidence they wish to present at the small claims hearing to the Court for filing at least ten (10) days prior to the small claims hearing. An identical copy of the proposed exhibits must also be provided to the other party at the same time that the court's copy is filed. Personal service is not required, but it is essential that the other party receives the copy. Failure to ensure that the copy was received by the other party may result in the exhibits being excluded at the hearing.    

All exhibits must be provided to the court and the other party as PDFs. These documents may be delivered to the court in person or sent via email to IVCBSmallClaims@WashoeCounty.gov/. Please note that the court cannot open links to access exhibits. All proposed exhibits should be arranged chronologically and individually labeled. Plaintiffs should organize their exhibits with numbers (e.g., 1, 2, 3, etc), while Defendants should organize their exhibits with letters (e.g., A, B, C, etc).  The Court will not consider any documents not provided to the court and the opposing party prior to the hearing consistent with this section.

In addition to the information above, if your claim is for damages resulting from an automobile accident, you must come to Court with three damage estimates and the police/accident report attached, if applicable, for review by the Judge.

Witnesses:

You may bring witnesses who have firsthand knowledge of your claim to help you prove your case. A witness' compulsory attendance can be obtained by requesting the issuance of a subpoena at least three weeks prior to the hearing date. There is a $25.00 witness fee, plus mileage. Both of these charges are payable in advance by you to the subpoenaed witness. The process server will charge a fee to serve the subpoena. The fees of subpoenaing a witness may be awarded as a court cost to the prevailing party.

At the hearing:

For the Plaintiff:

The hearing will be a simple, informal hearing before a Judge. All testimony will be taken under oath.  Generally, a audio/video record is made of the proceedings.

The plaintiff will testify first and have the burden of establishing the claim by a preponderance of the evidence (51% - more likely than not). When the case is called, the plaintiff should explain as simply and concisely as possible why the defendant owes them the money. Remember, there may be other small claim cases to be heard on the same day and you may have limited time to present your claim.

If the defendant does not appear, and has been properly served, the plaintiff will be awarded a judgment by default. If the defendant does appear, the Judge will hold the hearing and may render a decision on the case at its conclusion or take the matter under submission and provide a decision at a later date. 

For the Defendant:

Defendants have the same rights and responsibilities as plaintiffs concerning preparation for the hearing. Defendants who do not wish to contest the plaintiffs claim may enter into an out-of-court settlement with the plaintiff prior to trial. Settlement forms, referred to as a "Stipulation/Judgment," are available on the Court's Forms page of this website. They can also be obtained in person from the Civil Court Clerk.

Once defendants have been served with the claim, they are responsible for paying the court costs (filing fee and service fee) unless otherwise agreed upon and stated in the "Stipulation/Judgment". After a settlement is approved by the Court, should the defendant break the written arrangement, the plaintiff will be authorized to immediately seek collection of the total outstanding balance.

Defendants have twenty (20) days after service to file a Counterclaim. If a defendant feels a Counterclaim is appropriate, he/she should consider consulting an attorney to determine if it is a compulsory or permissive Counterclaim, or if it is merely a set-off that need not be filed.

If the total claim is paid out of Court before the trial date, it is the responsibility of the plaintiff to notify the Court in writing so that the action may be dismissed without a judgment against the defendant.

Should the defendant fail to appear for the hearing, a judgment by default plus Court costs will be entered for the plaintiff. Remember, unless a written settlement agreement has been filed with the court, the defendant must appear before the Judge or will lose the case.

What is a default judgment?

If the defendant does not appear on the mediation or hearing date after proper service, he/she will lose by default. In a Small Claim suit, a party is allowed a six (6) month period to prepare and file a "Motion to Set Aside the Default" based upon legal cause, excusable neglect, etc. If the Motion to Set Aside the Default is granted by the Judge, a new hearing may be scheduled and you will be notified of the new date. Any Execution (attachment) the Court had issued will be stayed pending the outcome of the new hearing. If the Motion is denied, the Judgment will stand as awarded by default. These Motions are often denied because a legally-acceptable excuse is not presented.

How do I collect on a judgment? 

A judgment in a Small Claims case is enforceable for a period of six (6) years from the last date of action entered on the court docket. The procedures for collecting a judgment are complicated. The civil court clerk cannot give you legal advice; therefore, you may wish to consult an attorney.

If after a reasonable period of time you have not been paid, you can request that the Court issue an "Execution" for attachment. The fees for the issuance and service of an execution must be paid at the time the papers are submitted to the clerk, and will be added to the judgment. The Plaintiff must be able to inform the clerk what and where he/she is attaching, for example: wages, a bank account (checking or savings) or an automobile. If the defendant owns a house or parcel of land, you may record a lien against either at the County Recorder's office. If your judgment is against a business or corporation, it is possible to attach a cash box, cash register, or other business/corporate assets.

A judgment is enforceable in another state if a defendant should leave the state of Nevada. You must comply with the laws governing the procedure of the particular state where you find the defendant is now residing.ness or corporation, it is possible to attach a cash box, cash register, or other business/corporate assets.

THE COURT CANNOT COLLECT THE JUDGMENT FOR YOU

Many times, collecting the judgment is more difficult than winning the case. The Court staff will do what it can to help, but the necessary "detective" work must be done by the plaintiff. Some defendants have no legally-attachable assets. Plus, most judgments can be discharged in bankruptcy. These frustrating, but real, factors must be considered before filing a case.

What is an examination of debtor?

If the plaintiff is unaware of the defendant's assets, he/she may request a "Supplementary Proceeding" hearing be scheduled at the Incline Justice Court. A court order will need to be served on the defendant ordering him or her to appear before the Judge and disclose his or her assets to you. There is an issuance fee charged by the Court for this order. The process server will also charge a service fee that can be added on to the judgment.

How do I appeal a small claims decision?

If you are a plaintiff or defendant in a small claims case, be sure to have your case completely ready for the Small Claims Hearing in the Justice Court, as that is your only chance to present evidence and witnesses. You will not be allowed to present any new evidence on appeal. An appeal is limited to a review of what is presented at the hearing in the Justice Court. To win an appeal, you must show that the Judge made an error and not just that you did not like their decision. 

A Plaintiff or Defendant who believes the Judge made an error in the Small Claim case may appeal the case within five (5) judicial days from the date of entry of judgment (JCRCP 98). The date of the court hearing, weekends and holidays are excluded.

A formal Notice of Appeal must be filed with the Justice Court, along with a $50 appeal fee in the form of cash or cashier's check. It may be expensive to appeal a small claim decision, as you will also have to pay fees to file the appeal in the Second Judicial District Court.

The Justice Court makes an audio/video record of the Small Claims Hearing.  A copy of the record may be purchased from the Court for $35.00.  It will be the responsibility of the appealing party to have the audio/video record converted to a written transcript. A case may still be appealed if there is no transcript, but the procedure becomes far more complicated and burdensome on the appealing party.