If you wish to file a small claims case in Henderson Justice Court, you must first determine if the lawsuit meets the following conditions:

• The claim is for money only and does not exceed $10,000. If the claim is for more than $10,000, the plaintiff may waive any amount over the $10,000 limit. Claims cannot be divided into two separate actions to avoid the $10,000 limit.
• The case is within the statute of limitations set by Nevada Revised Statute (see NRS 11.190)
• The plaintiff must be at least 18 years of age.
• The defendant must reside, do business in, or be employed in Henderson Township at the time of filing the complaint, or was so when the cause of action arose; or in a case involving injury to person or property, Henderson is the location where the injury occurred; or in cases involving a contract to perform an obligation, Henderson is where the obligation is or was to be performed.

1. Investigate the defendant’s place of employment, bank information, vehicle registration, etc. to ensure that the judgment is collectable. Then, if the defendant does not pay, collection may be possible. This is an important step as the court does not investigate the claim.
   
   
2. Send a formal demand letter. Prior to filing the claim with the court, you must make a demand for payment by writing a letter to the defendant(s). The letter must state the exact amount you are seeking and why you believe you are entitled to it. In the letter state that you intend to file an action in Small Claims Court if the matter is not resolved within 10 business days (see fillable template under “Small Claims Forms”). Keep a copy of the demand letter to file with the court. The demand letter must be sent by certified mail, return receipt requested. All claims filed with the court must include a copy of the demand letter and a copy of the return receipt (or the original envelope marked “refused or undeliverable”).
   
   If the defendant is a corporation, the corporation must be named, and the demand letter served on the Resident Agent or a Corporate Officer. Information on corporations and a list of Resident Agents may be obtained from the State of Nevada, Secretary of State, Corporation Commission (see website at https://www.nvsos.gov/sos).
   
   If the defendant is a business owned by an individual, the suit is against the owner of the business. The owner and the name of the business will be named in the lawsuit (e.g., John Smith d.b.a. Smitty’s Services). This information may be obtained from Business License Offices in the city or county where the business is located.
   
   
3. File the Affidavit of Complaint Small Claims along with the required forms. Fifteen days after mailing the formal demand letter, you may file the required forms with the court. The following needs to be included in your filing:
   
   
   1. Affidavit of Complaint that is typed with two additional copies:
   2. Copy of formal demand letter;
   3. Proof of mailing of the demand letter via Certified Mail, Return Receipt Requested;
   4. Return receipt postcard; and
   5. Filing fee.
      
      
4. Serve the defendant with the Affidavit of Complaint Small Claims. When you file the Affidavit of Complaint with the court, you will receive a copy of the Affidavit of Complaint with the court stamp and court hearing date. Copies of the Affidavit of Complaint must be delivered to each defendant. This is called “service of process”. It is good practice to serve the defendant(s) immediately after filing the Affidavit of Complaint. Proof of service must be filed with the court at least thirty days prior to the court hearing date. Service of process may be performed by the Constable, Sheriff, a private process server, or a person who is NOT a party in the lawsuit and who is over the age of 18 years.
   
   
5. File Proof of Service with the court at least 30 days before the court hearing date. The proof of service form demonstrates to the court that the defendant was properly served. Failing to file the proof of service at least thirty days before the court hearing date may result in the case being taken off calendar.
   
   
6. Prepare for the court hearing. Print and clearly label any pictures, emails, receipts, text messages, etc. that you feel necessary to prove your case. Bring to the hearing three copies of any evidence on 8½in. x 11in. standard paper. Save video and audio files to a removable portable storage device in a format supported by Windows Media Player. Do NOT expect the judge to read text messages, view pictures, or watch videos from your cell phone.

If you are served with an Affidavit of Complaint Small Claims, you can file a counterclaim if you believe that the plaintiff owes you money. The counterclaim allows you, the defendant (counterclaimant), to have a claim against the plaintiff (counterdefendant) decided along with the plaintiff’s claim. In small claims court, counterclaims must be for money only and cannot exceed $10,000.

Basic Steps to File a Small Claims Counterclaim: 

1. File the Counterclaim Small Claims along with the required filing fee. The Counterclaim Small Claims must be typed and two additional copies of the completed form must be provided at the time of filing. The filing fee is based on the amount of the claim.
   
   
2. Serve the plaintiff(s)/counterdefendant(s) with the Counterclaim Small Claims. After you file the Counterclaim Small Claims with the court, you will receive a copy of the Counterclaim Small Claims with the court stamp and court hearing date. Copies of the Counterclaim Small Claims must be delivered to each defendant. This is called “service of process”. Service of process may be performed by the Constable, Sheriff, a private process server, or a person who is NOT a party in the lawsuit and who is over the age of 18 years.
   
   
3. File Proof of Service with the court before the hearing date. The proof of service form demonstrates to the court that the defendant was properly served.
   
   
4. Prepare for the court hearing. Print and clearly label any pictures, emails, receipts, text messages, etc. that you feel necessary to prove your case. Bring to the hearing three copies of any evidence on 8½in. x 11in. standard paper. Save video and audio files to a removable portable storage device in a format supported by Windows Media Player. Do NOT expect the judge to read text messages, view pictures, or watch videos from your cell phone.
   
   

Information for Suing Someone in Small Claims

Demand Letter

Affidavit of Complaint Small Claims (Must be signed by Court Clerk before being served)

Affidavit of Complaint CounterClaim

Affidavit of Service

Motion to Place on Calendar

Motion for Service of Complaint by Certified Mail

Examination of Judgment Debtor Hearing - Motion and Order

Notice of Execution

Writ of Execution

Writ of Garnishment

Claim of Exemption from Execution

Satisfaction of Judgment

Application and Order for Satisfaction of Judgment