Plaintiff is the person filing the claim.

INFORMATION FOR THE GUIDANCE OF THE PLAINTIFF*
IN A SMALL CLAIMS ACTION IN CHURCHILL COUNTY

1. The purpose of Small Claims is to resolve disputes, not to act as a collection agency.
   
   
2. Cases may be filed for the recovery of money or services rendered where the amount claimed does not exceed $5,000.00.  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 Defendant's full name, correct residential address, or employment address.
   
   
3. The fee for filing the claim is $26, if the amount does not exceed $1,000, $46, if the amount is more than $1,000, but not more than $2,500, and $66 if the claim exceeds $2,500, but not more than $5,000,  plus service charges on the Defendant.   Notice of filing is sent to the Defendant by certified mail or Sheriff's personal service.  The fee for certified mail is $5.54.  If you wish personal service, the paperwork will be prepared by the Court and handed to you to take to the Sheriff's 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 Sheriff's Office for service. If you desire to have the defendant served by certified mail, the fee of $5.54 may be included in the check of 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, 423-2845.  If a Plaintiff fails to appear for trial, the case will be dismissed.
   
   
4. DO NOT SUBMIT ANY EVIDENCE of your claim prior to the hearing.  BUT, AT THE TIME OF THE HEARING YOU ARE REQUIRED TO BRING THE ORGINAL DOCUMENTS AND 2 COPIES.  No pre-trial conferences with the Judge will be granted unless BOTH parties are present.  Although a person may be represented by an attorney the Court cannot award attorney fees.
   
   
5. 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:
   1. That the Defendant is indebted to him.
      
   2. The amount of the indebtedness.
      
   3. That demand for payment of the sum has been made.
      
   4. That the Defendant has refused to acknowledge the debt.
      
      
6. Either party may appeal to the District Court WITHIN FIVE 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, to the District Court, & $15, for Attorney fees), plus a cost bond in the amount of $250.00.  Additionally the person appealing must post with the Court a deposit of $100.00 toward the cost of a transcription of the hearing with any balance owing due upon delivery.   Legal advice regarding the District Court requirements cannot be given by the Judge or the Clerks.  You may wish to contact a private attorney to help you with this procedure.
   
   
7. 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.
   
   
8. When the judgment is satisfied by the Defendant 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.
   
   
9. In keeping with the dignity and decorum of the Court, the following attire is requested for Court appearances:
   1. Male: Long or short sleeve dress-type shirts, slacks, or dress-type denim trousers,dress shoes, or boots.
      
   2. Female: Dresses, dress slacks, or skirts & blouses, dress shoes.

*  Plaintiff is the person filing the claim.