Small Claims Court in Nevada: What to Expect, Step by Step
By Ask Nevada Law Editorial · Updated
The short version: small claims is the justice court forum for money-only claims of $10,000 or less (NRS 73.010). The process is governed by a short set of simplified rules — Justice Court Rules of Civil Procedure (JCRCP) 88 through 100 — that strip out formal discovery and formal pleadings and aim the trial at "dispensing fair and speedy justice." Parties in small claims court are often self-represented, and the rules are written with that in mind. This page walks through what the statutes and rules say happens at each stage, from filing to judgment. It describes the process in general terms only; it is not advice about any particular dispute.
The nine steps of a Nevada small claims case
What follows is the sequence the statutes and court rules lay out. Individual courts add local procedures — mediation programs, scheduling practices, e-filing — so the official website of the justice court hearing the case is always the companion reference.
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Before filing
Confirming the claim fits small claims court
Nevada small claims court hears cases "for the recovery of money only, where the amount claimed does not exceed $10,000" (NRS 73.010). A claimant with related debts against the same person cannot split them into separate filings to squeeze under the cap — the rules require combining them, and any amount over the limit must be waived for the case to stay in small claims (JCRCP 88(d)). Claims for anything other than money — returning property, forcing repairs, stopping conduct — do not fit this forum.
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Before filing
Identifying the right justice court
Small claims cases are filed in a specific justice court township, not just anywhere in the state. NRS 73.010 makes the proper venue the township where the defendant lives, does business or is employed — either when the dispute arose or when the case is filed. For injury cases, the township where the injury happened is also proper; for contract cases, so is the township where the obligation was to be performed. Each Nevada county runs its own justice courts.
A directory of the courts serving each Nevada county appears in the county pages on this site.
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Filing
Filing the affidavit of complaint
A small claims case begins when the plaintiff files an "affidavit of complaint" (JCRCP 88). Under JCRCP 89, the affidavit must state that the defendant owes the plaintiff a specified amount, briefly summarize the basis of the debt, and state that the court has jurisdiction under NRS 73.010. It also carries an order for the defendant to appear at trial and a warning that failing to appear can result in a judgment against the defendant. The court sets the trial when the affidavit is filed — normally no more than 90 days out (JCRCP 90).
Some justice courts run mandatory mediation programs and may order the parties to mediation before trial (JCRCP 89(c)).
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Filing
Paying the filing fee — or applying for a waiver
Justice courts charge a filing fee that varies with the amount claimed and the court. Nevada law also provides a path for people who cannot afford court costs: NRS 12.015 lets a person apply, on a court-provided form, to prosecute or defend a civil action as an indigent litigant without paying fees, and legal-aid clients may qualify by showing that status.
Current fee schedules are collected on this site’s filing fees page and on each court’s official website.
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Service
Serving the defendant
The plaintiff is responsible for having the filed affidavit of complaint served on the defendant using the methods in JCRCP 4.2 (or 4.3 for out-of-state defendants), and service must happen at least 14 days before the trial date, with proof of service filed with the court (JCRCP 91). Under JCRCP 4(c), papers may be served by the sheriff, a deputy sheriff, a constable or deputy constable of the county where the defendant is found, a licensed process server, or any person who is at least 18 years old and not a party to the case. On motion, the judge may authorize alternative service, including registered or certified mail with return receipt.
An affidavit that sits unserved for a year may be dismissed without prejudice (JCRCP 93).
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Preparation
Preparing documents and witnesses
Formal discovery — depositions, interrogatories, document demands — is not allowed in small claims cases (JCRCP 96), so each side arrives with whatever proof it has gathered on its own. In practice that means the paper trail behind the claim: contracts, leases, receipts, invoices, estimates, photographs, and written communications between the parties. Both the plaintiff and the defendant have the right to have witnesses appear and give evidence at the hearing, the same as in other justice court cases (JCRCP 95).
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Trial
The trial: short and informal by design
The rules make small claims proceedings deliberately informal. No formal pleading beyond the claim and notice is required, and trials must be conducted informally "with the sole object of dispensing fair and speedy justice between the parties" (JCRCP 96). The case is heard and decided by a justice of the peace (NRS 73.010). Procedural motions of the kind used in regular civil litigation may be summarily denied (JCRCP 92). A defendant who wants to bring a related claim back against the plaintiff may file a counterclaim within 21 days of being served (JCRCP 88(b)).
Parties may represent themselves; a business entity may appear through a director, officer or employee (NRS 73.012).
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Judgment
Judgment
After hearing the case, the justice of the peace enters judgment. A defendant who loses "must pay the same forthwith or at such times and upon such terms and conditions as the judge may prescribe" — the rule itself contemplates payment plans set by the court (JCRCP 97). Court costs are charged against the losing party in favor of the prevailing party (NRS 73.030). Attorney’s fees, by contrast, are generally not awarded to either side in a small claims action (NRS 73.040).
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After judgment
Collecting — or appealing
Winning a judgment and collecting it are separate things. No attachment or garnishment is available before judgment in small claims, but after judgment the winner may use execution — including garnishment in aid of execution — just as in other justice court cases (NRS 73.020). Either party may appeal to the district court, but the window is short: the notice of appeal must be filed within 7 calendar days from service of the judgment, accompanied by an appeal bond (JCRCP 98–100). On appeal, the district court may award the prevailing party an attorney fee of no more than $15 (NRS 73.050).
What small claims court can’t do
The jurisdiction statute is deliberately narrow: small claims exists "for the recovery of money only" (NRS 73.010). That means a small claims judgment is a money judgment — the court is not the forum for orders compelling someone to act, such as returning specific property, finishing a job, or honoring a contract term. It also cannot award more than $10,000; a claimant whose combined claims against the same person exceed the cap must either waive the excess or file a regular civil case instead (JCRCP 88(d)). And when a counterclaim or other pleading raises an issue that cannot be decided as a small claim, the judge may split those issues off or reclassify the whole matter as a civil action in justice court — or transfer it to district court (JCRCP 88(c)).
Two money-related limits are also built in: no attachment or garnishment is available before judgment (NRS 73.020), and neither party is awarded attorney’s fees, apart from narrow statutory exceptions (NRS 73.040).
How small claims differs from a regular civil case
A regular civil action — in justice court up to its jurisdictional limit, or in district court above it — runs on formal pleadings, discovery, and motion practice. Small claims replaces nearly all of that:
- Pleadings: one affidavit of complaint instead of a complaint, answer, and motion cycle (JCRCP 88, 96).
- Discovery: none — formal discovery "as conducted in a civil action is not allowed" (JCRCP 96).
- Trial: an informal hearing before a justice of the peace, with witnesses allowed but civil-style motions subject to summary denial (JCRCP 92, 95, 96).
- Appeal: a 7-calendar-day window and a bond, instead of the longer timelines of ordinary civil appeals (JCRCP 98–100).
- Representation: attorneys may appear, but the statute removes the usual fee incentive (NRS 73.040), and entities may send a director, officer or employee instead (NRS 73.012).
For a walkthrough of the formal track, see how a Nevada civil case moves through the courts. The justice courts also hear Nevada’s summary evictions, a separate notice-driven procedure explained step by step in the eviction process guide. Court costs for either track are covered on the filing fees page, and the justice courts serving each county are listed in the county directory.
This page explains what Nevada statutes and court rules say about the small claims process in general. It is not legal advice, and it cannot account for the facts of any particular dispute. Anyone deciding whether or how to bring or defend a claim can consult a licensed Nevada attorney; the official self-help centers listed above also provide free court-approved forms and instructions.