When you sue a business or other company, you usually have to serve a person called a “registered representative.” All corporations, limited partnerships (“LPs”) and limited liability companies (“LLCs”) are required by law to appoint a representative who accepts litigation service. (NRS 14.020, 78.090.) Companies must provide the name and address of this agent to the Office of the Nevada Secretary of State. To find a company`s registered agent, click here to visit the Nevada Secretary of State`s Business Entity Search page. Some small claims court litigants choose to have a lawyer, but it is not mandatory. In cases negotiated before the Small Claims Division, all parties represent themselves, with the following exceptions: For the most accurate information on the forms required in your district, please contact your Mutual Aid or Small Claims Office. Prudent complainants take another step. Send the defendant a copy of the civil order by first class mail at least ten (10) days before the date on which the plaintiff and defendant are scheduled to appear in court for the first time in the dispute. Complete a shipping certificate, give it to the judge on the court date, or submit it to the clerk`s office before the hearing date. If you do not take these steps, you will not be able to get a verdict on the trial date if the defendant does not appear in court (which often happens), and the case must continue until the ten-day notice period is respected. Below is a short video: Service of your complaint on the respondent. Keep in mind that different small claims courts have different procedures, so make sure you meet the requirements of your court.
To view the full series of small claims videos, click here to visit our video page. Service by publication is rarely, if ever, ordered in small claims. It is always advisable to ask for the full amount that you can prove, because if the defendant does not appear in court, the judgment that the court renders in your case is limited to the amount you have claimed and that you can prove. Think carefully about the amount of money called damages you want to claim. The judge will ask you to prove that you are entitled to the amount you claimed. This means that you can only get a verdict on an amount that you can prove. You can prove your claim through almost any type of evidence: a written contract, a warranty, a receipt, a void check, a letter, an estimate of professional damages, photos, drawings, your own statements, and the testimony of witnesses who come to court with you. Special deadlines – If you intend to use an alternative service, the date of the hearing must be set very well in advance. Indeed, the service and sending of court documents must be carried out an additional 10 days before the date of the hearing. If the defendant has his domicile or principal place of business in the county in which the case is filed, service and dispatch must take place at least 25 days before the date of the hearing (standard 15 days + 10 days for replacement service = a total of 25 days).
However, if the defendant has his domicile or place of business outside the district, service and dispatch must take place at least 30 days before the date of the hearing (standard 20 days + 10 days for replacement delivery = a total of 30 days). The Internet can be used to find a person or company. Major internet browsers have search capabilities that can be productive if you know someone`s real name. Reverse directories now exist online. The websites of most regulators have directories of their licensees. A defendant can ask the court to set aside a default judgment for just cause, including error, negligence, surprise, excusable negligence, or unavoidable sacrifice. An application for annulment of a judgment in absentia must be filed immediately after the discovery of the reasons, but no later than sixty days after the registration of the judgment. If you are not satisfied with a small claims decision, you can appeal the case. To appeal, you must: To determine which court or tribunals might be appropriate for your situation, it is advisable to consult a small claims advisor. You will save yourself and the other party a lot of possible problems and costs if you carefully select the court where you are taking your legal action. It is important that you inform your witnesses that you have filed a request for testimony before they receive their subpoenas (unless they are the other party). Witnesses who are caught may be angry and less willing to help in court.
If the other party has received a response in a timely manner, the clerk of the court assigns a case to the court`s schedule for hearing. Before bringing an action, the plaintiff must know the current address of the defendant. If the defendant is an individual and the original street address is not found, a business address may suffice. A home address is preferred. If you only have the address of the place where the defendant works, the civil order must be served on the defendant in person, which can sometimes be difficult. In addition, enterprises whose status has “expired” are not considered to be registered with the Secretary of State for the purposes of the Small Claims Service. However, companies with “suspended” status are considered to be registered with the Secretary of State for the purposes of the Small Claims Service. A small claims case is a civil action for a pecuniary judgment where the amount of damages is $6,500 or less. An action for entry and forced detention arising from a dispute between landlords and tenants may be brought in small claims court. In small claims court, cases are heard by a judge, not a jury. If a party wishes to appeal the judgment and the amount in dispute is more than $50, the party may appeal the case to the District Court for a new hearing. The complaint must be filed within ten days of sentencing.
District Court Form DC-475, Civil Notice of Appeal, is used to file an appeal. When an appeal is lodged, the judge establishes a guarantee of appeal. Within thirty days of sentencing, an appellant must post the required surety with the court clerk, otherwise the appeal will not continue.
