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- Prior to your hearing date contact the Justice Court at (775)
423-2845 to be sure the defendant has been properly served.
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- To subpoena any witness that will not come voluntarily, the
subpoena should be prepared and served at least two weeks prior to
the hearing date. The subpoena forms are available at the Justice
Court. There is a $25.00 witness fee plus $0.19 for every mile the
witness must travel to get to the Court. This fee is payable to the
witness at the time the subpoena is served. These fees will be money
out of your pocket and will not be considered as court costs. You
may contact the Sheriff for service of the subpoena. There will be a
charge for Sheriff service.
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- On the Court date please bring 2 sets of copies of any
documents, statements etc. that you will present at the hearing. One
set will be for the judge and the other set of the defendant.
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- If the defendant, after being served, would like to make an out of
Court settlement with you, the Court can provide a "Stipulation
and Judgment" form. This form must be completed, signed by both
parties and filed with the Court prior to the hearing. Should the
defendant default on the payments, you will automatically have
judgment for the full amount and may attach any assets the defendant
may have.
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- When the amount of judgment has been paid to you by the defendant
there is a dismissal form available at the Court that you must sign
to release the defendant. If the defendant is properly served and
wishes to pay you prior to the Court date, they are also responsible
to pay you the filing and service fees. If you wish to release the
defendant for any other reason such as bankruptcy, etc., you may use
the same dismissal form available at the court. If you wish to mail
this form to us, the mailing address is 71 N. Maine Street,
Fallon, NV 89406. Please be sure to notify the Sheriff's Department
of the dismissal, if the case is dismissed before the defendant is
served with the Small Claims.
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- If you as the Plaintiff should not be present, or have someone
representing you on the hearing date, the case will be dismissed.
However, if there is legal cause, excusable neglect etc. you will be
able to make a "Motion to Re-file Small Claim". This
motion must be filed within 6 months of the court date. If this
motion to re-file is granted you will initiate a new claim, again
paying the filing and serving fee.
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- If the Defendant should not be present on the hearing date, you
will be awarded the judgment by default. The defendant does have 6
months from the court date to file a motion with the court to have
the default judgment set aside. If this motion is granted a new
hearing date will be set and you will be notified by mail of the new
date. The issuance of any execution would be frozen until the
outcome of the new hearing.
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- If you should move, please notify the Court of your new address so
you will be sure to receive any correspondence regarding your case.
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- A Plaintiff or Defendant who is dissatisfied with the decision in
the case may appeal to a higher court within 5 Judicial days
(excluding court date, weekends & holidays). See clerk for more
information on appeals.
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