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Plaintiff is the person filing the
claim.
- The purpose of Small Claims is to resolve disputes, not to act as
a collection agency.
.Cases may be filed for the recovery of money or services rendered
where the amount claimed does not exceed $5,000. The Defendant being
sued must be a resident of Churchill County, or have a business
license to do business in Churchill County, or be employed in
Churchill County, pursuant to NRS 73.010. The Plaintiff must supply
the Court with the Defendants full name, correct residential
address, or employment address.
.The fee for filing the claim is $26, if the amount does not exceed
$1,000, $46 if the amount is more that $1,000, but not more that
$2,500, and $66 if the claim exceeds $2,500, but not more that
$5,000, plus service charges on the Defendant. Notice of filing is
sent to the Defendant by certified mail or Sheriffs Personal
service. The fee for certified mail is $4.64. If you wish personal
service, the paperwork will be prepared by the Court and handed to
you to take to the Sheriffs department to pay them the necessary
service fees and to give any instructions regarding the service. If
you are mailing in your paperwork two (2) separate checks will be
required. One to the Court for filing fees and one to the
Sheriffs Office for service. If you desire to have the defendant
served by certified mail, the fee of $4.64 may be included in the
check for court filing fees. The Court date will be approximately
4-8 weeks following the filing. Before appearing in court at the
time set for hearing, make certain the Defendant has been served by
calling the Justice Court at 423-2845. If a Plaintiff fails to
appear for trial, the case will be dismissed.
.Do not submit any evidence of your claim prior to the hearing. No
pre-trial conferences with the Judge will be granted unless BOTH parties
are present. Although an attorney may represent a person the Court
cannot award attorney fees.
.When you appear in Court to establish your claim, you must
establish such facts of your case by showing a preponderance
of the evidence. This means the Plaintiff must prove:
- That the Defendant is indebted to him.The amount of the indebtedness.That demand for payment of the sum has been made.
- That the Defendant has refused to acknowledge the debt.
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Either party may appeal to the District Court WITHIN FIVE (5)
WORKING DAYS of judgment. A Notice of Appeal to the District
Court must be filed with the Justice Court, along with the filing
fees of $121 ($24 for Justice Court, $82 for District Court and $15
for Attorney fees). Additionally the person appealing must post with
the Court sufficient money to cover the cost of transcript
preparation and a $250 appeal bond. The Judge or the Clerks cannot
give legal advice regarding the District Court requirements. You may
wish to contact a private attorney to help you with this procedure.
.Judgments state the resolution of the dispute. Even though a
Plaintiff is granted judgment in an action, he must provide the
Court with information needed to execute upon any available assets,
bank account, or salary after such judgment has been granted.
.When the Defendant satisfies the judgment it is necessary to file
a satisfaction of judgment with the Court. The Court will provide
the satisfaction of judgment form to the Plaintiff when the
Plaintiff requests it.
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- In keeping with the dignity and decorum of the Court, the
following attire is requested for court appearances:
Male: Long or short sleeve dress-type shirts, slacks or dress
type denim trousers, dress shoes or boots.
Female: Dresses, dress slacks, or skirts & blouses, dress
shoes.
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