Sparks Justice Court

The monetary amount allowed in a small claims case is determined by the Nevada Revised Statutes (“NRS”). The maximum amount that can be claimed is $10,000. If your claim is over $10,000, you can still file in small claims court but can only ask for $10,000.

Where you open your small claims case is also determined by statute. NRS 73.010(2). You must decide which option applies to your situation. You should file in the Sparks Justice Court if:

• The defendant was a resident of the Sparks Township at the time the cause of action arose or at the time you are filing your claim;
• The defendant was doing business in the Sparks Township at the time the cause of action arose or at the time you are filing your claim;
• The defendant was employed in the Sparks Township at the time the cause of action arose or at the time you are filing your claim;
• Your case involves injury to person or property and Sparks Township is where the injury took place; or
• Your case involves a contract to perform an obligation and Sparks Township is where the obligation is/was to be performed.

If you are unsure of which township defendant’s address is located, check if defendant’s address falls under a Sparks Township voter precinct at the Washoe County Registrar of Voters website: https://www.washoecounty.gov/voters/reporting_and_data/precinct-districtmaps.php

Many times, collecting the judgment is difficult. Investigate the defendant’s place of employment, bank information, vehicle registration, etc. to ensure that if plaintiff receives a judgment and defendant does not pay, collection may be possible. Court staff can help with forms and processes, but the necessary “detective” work must be done by the plaintiff. This is an important step as the Court does not investigate the claim for you.

Plaintiff must have the correct name and a physical address for the defendant(s) they are suing. If plaintiff only has a work address for the defendant, that will be enough open a small claims case.

Special Instruction for Filing Against a Business

1. If the defendant is a business owned by an individual or a partnership, the case is against the owner(s) of the business. The owner and the name of the business will be named in the lawsuit (e.g., John Smith individually and d.b.a. Smitty’s Services) and the business’s physical address must be listed for the defendant.

   Plaintiff should contact the City of Sparks Business Licensing Division and/or the Washoe County Business Licensing Division (if the business/defendant is in the Sparks Township but located outside city limits) who will have information to help plaintiff determine whether the business is a sole proprietorship or a partnership and the names of all owners.

2. If the defendant is an LLC or corporation, the case is against the business. The name of the business will be named in the lawsuit (e.g., XYZ, LLC) and the LLC or corporation’s physical address must be listed for the defendant.

   Plaintiff must then separately list the LLC or corporation’s Resident Agent or a Corporate Officer for service of the Small Claims Application and Declaration of Complaint. Corporation and Resident Agent information can be found by contacting the Nevada Secretary of State or visiting their website: https://esos.nv.gov/EntitySearch/OnlineEntitySearch.

   • Plaintiff must make sure to verify the full correct spelling of the defendant’s corporate name. Your claim could be affected if you fail to sue the company exactly as it is listed with the Secretary of State.

Special Instruction if Your Claim is for Vehicle Damages

1. If damages HAVE been repaired, you must provide an invoice for repairs and clearly state that the damages have already been repaired.
2. If damages HAVE NOT been repaired, you must provide three original estimates with your claim. Your claim must be for the lowest of the three estimates.
3. If the vehicle was totaled, you only need a statement from your insurance company or a repair shop, with a copy of a blue book estimate showing the value of your vehicle before the collision.
4. If your insurance company has already reimbursed you for the damages to the vehicle, plaintiff can only make a claim to recover their deductible.
5. If the damage to the vehicle was a result of a motor vehicle collision and the defendant was cited at the collision, you must provide a copy of the police report and a copy of the court’s decision regarding the citation. If there is no conviction to show that the defendant is liable, it will be up to you (as the plaintiff) to prove that the defendant was at fault.
   • If your case goes to a small claims hearing, you may need to subpoena witnesses.
6. If the damage to the vehicle was due to faulty workmanship, it will be up to you (as plaintiff) to prove that the work was done improperly. This will require you to have an expert witness testify in Court as to what or how the repair should have been made.
   • Make sure to specify whether the amount claimed is for a refund or for reimbursement of the amount paid for repairing the improper work or both.

Forms

Small Claims forms and instructions for filling out the Small Claims Application & Declaration of Complaint can be found here: www.washoecounty.gov/sjc/Forms.php or by visiting the Sparks Justice Court Civil Department.

Filing Fees

The filing fees to open a small claims case or to file a Counterclaim in the Sparks Justice Court are:

Filing your Small Claims Case:

In Person

You may file your Small Claims Application & Declaration of Complaint in person at the Sparks Justice Court. If you choose to come to Sparks Justice Court to file your claim in person, a clerk will prepare your Declaration of Complaint for you.

Electronic Filing

You may eFile your Small Claims Application & Declaration of Complaint using the Odyssey eFileNV website: https://nevada.tylertech.cloud/ofsweb

U.S. Mail With Self-Addressed, Stamped Envelope

If you are unable to come to the Sparks Justice Court and/or do not have access to eFile your case, you can also mail your paperwork for filing. Please make sure your Small Claims Application & Declaration of Complaint are complete and easy to read.

Mail your documents to the Sparks Justice Court with your filing fee and a self-addressed, stamped envelope. Your filed paperwork will be sent back to you by return mail, notifying you of your case number and mandatory Mediation date. Please make check or money order payable to Sparks Justice Court.

When you open your Small Claims case with the Court, you will receive a copy of your Small Claims Application & Declaration of Complaint and Order to Appear with a court file-stamp and mandatory Mediation date.

Copies of the Small Claims Application & Declaration of Complaint and Order to Appear must be personally served on each defendant. This is called “service of process.” It is plaintiff’s responsibility to contact the sheriff’s office or a licensed process server to arrange for service of process. It is best practice to serve the defendant(s) immediately after opening your case.

Service of process must be performed by a licensed process server or the local sheriff’s office where the defendant (or resident agent) is physically located. There are no exceptions unless a request is made in writing, and that request is approved by the judge.

It is plaintiff’s responsibility to contact the sheriff’s office or a licensed process server to arrange for defendant to be served with your Small Claims Application & Declaration of Complaint and Order to Appear.

• Find a process server
• WCSO service flyer

Proof of Service of Application & Declarations of Complaint

Plaintiff(s) must make sure proof of service of the Small Claims Application & Declaration of Complaint and Order to Appear is filed with the Court at least seven (7) days before the mediation date. Failure to do so will result in your court date being cancelled.

If your court date is cancelled for no proof of service, you will need to contact the Civil department for steps to reschedule your mandatory Mediation.

Mediation is mandatory for small claims cases filed in the Sparks Justice Court. In mediation, the parties work with a mediator, who helps the parties try to work things out themselves. The goal of mediation is to negotiate an agreement before the case is heard by a judge. If mediation works, you save the time and steps necessary to go to a small clams hearing. Mediation is free of charge.

When you file a small claims case, the Court will assign you a date and time to appear at the Sparks Justice Court for mediation. Your total time at the Court could last between three and four hours, so you will need to set aside that amount of time on your mediation day.

You may wonder why the Court requires parties to mediate instead of going directly to a hearing. Research shows that when the parties to a small claims case agree to mediate in good faith, many disputes are settled to the satisfaction of all parties involved.

Mediators are trained to help parties talk about their disputes, make informed decisions, and help them come up with reasonable solutions. Mediators are also neutral, so they do not take sides or suggest solutions, and unlike judges, have no power to rule in favor of one party over the other.

If parties form an agreement, that agreement is filed with the Court and signed by the judge making it a binding order. Once the mediated agreement is honored, the plaintiff must file a dismissal with the Court, resulting in no judgment on the defendant’s record.

If the mediated agreement is not honored, the plaintiff has the right to file for a judgment for the amount filed in the original case plus court costs without serving the defendant again and without paying additional court filing fees.

If the parties are unable to reach an agreement at their mediation, the Court will then schedule a date for the parties to appear at a small claims hearing no later than 45 days from their unsuccessful mediation date.

Please carefully review the following items to ensure you are fully prepared for your mandatory Mediation:

Proof of Service of Application & Declaration of Complaint

Remember, plaintiff(s) must make sure proof of service of the Small Claims Application & Declaration of Complaint and Order to Appear is filed with the Court at least seven (7) days before the mediation date. Failure to do so will result in your court date being cancelled.

If your court date is cancelled for no proof of service, you will need to contact the Civil department for steps to reschedule your mandatory Mediation.

Failure to Appear at Mediation

If plaintiff fails to appear at their court date, their case will be dismissed.

If defendant fails to appear at their court date, plaintiff will be awarded judgment by default.

Counterclaims

A defendant may file a Counterclaim if you believe (1) the plaintiff owes you money, or (2) plaintiff’s claim should be reduced by an amount plaintiff owes you. The Counterclaim can be found on the Sparks Justice Court website > Forms > Small Claims or by visiting the Sparks Justice Court Civil Department.

• Counterclaims should be filed with the Court and mailed to the plaintiff at least seven (7) days before the mediation date.
• Filing a Counterclaim is not required. However, a defendant must appear at the Sparks Justice Court for Mediation with all exhibits needed to establish a defense.

Exhibits

If plaintiff or defendant would like to submit pictures, text messages, invoices, repair estimates, etc. that would be helpful to prove their case, they must bring them on the day of their mandatory Mediation.

• You must bring an original set of Exhibits for yourself and two copies (one for the Court and one for the other party).
• Exhibits must be printed out and organized and all personal identifiers and financial information must be redacted before filing.
• Exhibits must be submitted with a Sparks Justice Court Exhibit pleading and Exhibit List. Each exhibit must have an Exhibit Cover Page attached. Example:
  • “Exhibit 1” = “pictures of vehicle;” “Exhibit 2” = “text messages with defendant; “Exhibit 3” = “invoice from body shop; etc.).
  • The Exhibit Packet can be found on the Sparks Justice Court website > Forms > Small Claims or by visiting the Sparks Justice Court Civil Department.
• Plaintiff, if your case involves damages from an automobile collision and you did not already provide with your Application, your exhibits must include three (3) estimates for vehicle repairs, as well as a copy of the police report, if any, and the outcome of the citation or criminal complaint arising from the collision, if any. If your vehicle has already been repaired, you must provide the invoice for vehicle repairs.

Memorandum of Costs

If either party would like to discuss their filing fees and/or court costs at the mandatory Mediation, you must file a Memorandum of Costs. Your Memorandum of Costs should be filed with the Court and mailed to the opposing party at least seven (7) days before the mediation date. A Certificate of Service will also need to be filled out and filed with the Court.

• Plaintiff is usually the only party that has incurred fees and costs at this point in the case.
• The parties may also agree to cover their own fees and costs at Mediation.
• Attorney fees are not awarded as court costs in small claims cases.
• The Memorandum of Costs and Certificate of Service can be found on the Sparks Justice Court website > Forms > Small Claims or by visiting the Sparks Justice Court Civil Department.

Interpreter

If either party needs an interpreter during the mandatory Mediation, please immediately contact the Sparks Justice Court’s Civil Department to discuss options. The ‘Request for Interpreter’ can be found on the Sparks Justice Court website > Forms > General.

Out-Of-Court Settlements

The parties may communicate with each other to make an out-of-court settlement prior to any court date.

• If the parties reach a settlement prior to their mandatory Mediation or hearing date, a ‘Dismissal’ must be signed and filed with the Court to cancel the hearing and conclude the case.
• If the parties reach an agreement prior to their mandatory Mediation or hearing date, the parties can request a ‘Stipulation for Payment Agreement’ or ‘Stipulated Judgment’ from the Court. Forms must be completed, signed by both parties, and filed with the Court prior to their mandatory Mediation or hearing date.

Request to Continue

If either party needs to reschedule a mandatory Mediations, a Request for Continuance must be filed with the Court at least 72 hours prior to your court date. A medical emergency is the only exception. If you are coming from out of town, you should contact the Court to confirm your hearing date and time prior to travelling. The ‘Request for Continuance’ can be found on the Sparks Justice Court website > Forms > Small Claims or by visiting the Sparks Justice Court Civil Department.

Pursuant to this Court’s Mediation Rules, if settlement is not reached at mediation, the parties must immediately report to the civil department to schedule their case for a small claims hearing before the assigned judge.

• Mandatory Mediation Administrative Order

If your contact information changes at any time during the life of your small claims case, you should notify the Court of your new address to ensure you receive all pertinent information regarding your case.

If plaintiff fails to appear at their mandatory Mediation or small claims hearing, their case will be dismissed. If there is a valid reason for missing your court date, you may file a ‘Motion to Set Aside Dismissal.’ This motion must be filed within six (6) months of a missed court appearance. If this motion is granted, the Court will set a new court date and notify the parties. Please contact the Sparks Justice Court Civil department for this form.

If defendant fails to appear at their mandatory Mediation or small claims hearing, plaintiff will be awarded judgment by default. If there is a valid reason for missing your court date, you may file a ‘Motion to Set Aside Default Judgment.’ This motion must be filed within six (6) months of a missed court appearance. If this motion is granted, the Court will set a new court date and notify the parties. Please contact the Sparks Justice Court Civil department for this form.

If either party requires a Subpoena for a witness who will not voluntarily appear at your small claims hearing, you must contact Sparks Justice Court to request a Subpoena be prepared and issued. A witness must receive the Subpoena no later than ten (10) days before your small claims hearing date.

• You must contact the sheriff’s office or a licensed process server to arrange for service of your Subpoena. You are also responsible for making sure proof of that service is filed with the Court prior to your court date.
• When subpoenaing a witness, you must provide them with a $25.00 witness fee plus mileage for their travel to and from the courthouse. These fees are payable at the time the subpoena is served. No witness is obligated to appear unless the fees have been paid prior to a court date.
• Witness fees are considered part of your court costs and can be added to your Memorandum of Costs.

If either party disagrees with the outcome of their case, an appeal may be filed within seven (7) calendar days after the judge’s decision. A formal Notice of Appeal must be filed with this Justice Court, along with all applicable fees in the form of cash or cashier’s check. Appeal instructions and forms can be found on the Sparks Justice Court website > Forms > Small Claims or by visiting the Sparks Justice Court Civil department.

Stipulation & Order After Mediation

All parties should keep a copy of the completed, file-stamped Stipulation and Order After Mediation. Plaintiff, your case will be dismissed if you do not contact the Court within 180 days from the date the Stipulation and Order after Mediation was filed in the case.

If a defendant fails to comply with the terms of the stipulation, plaintiff may request the Sparks Justice Court set a hearing or request the Court enter a judgment against the defendant. Please contact the Sparks Justice Court Civil Department for this form.

Stipulation for Payment Agreement

All parties should keep a copy of the completed, file-stamped Stipulation for Payment Agreement. Plaintiff, your case will be dismissed if you do not contact the Court within two (2) years from the date the Stipulation for Payment Agreement was filed in the case.

If a defendant fails to make any payment pursuant to this stipulation, plaintiff may request the Court enter judgment against defendant for the remaining balance owed without further notice to the defendant. Please contact the Sparks Justice Court Civil Department for this form.

Many times, collecting the judgment is difficult. Court staff can help with forms and procedures,but are prohibited from giving legal advice; therefore, you may wish to consult an attorney.

A judgment in a small claims case is enforceable for six (6) years from the date it was entered on the court docket. If a plaintiff needs a judgment to remain enforceable past the 6-year expiration date, a plaintiff can file an “Affidavit of Renewal of Judgment” with the Sparks Justice Court. See NRS 17.214.

Some defendants do not have any legally attachable assets, plus most judgments can be discharged in bankruptcy. The necessary “detective” work to determine defendant’s assets must be done by the plaintiff.

Writ of Execution

If you have not been paid after a reasonable amount of time, you can request that the Court issue an “Execution” for attachment. The Plaintiff must be able to inform the clerk what and where they are attaching, for example: wages, a bank account (checking or savings) or a vehicle. If your judgment is against a business or corporation it is possible to attach a cash box, cash register, or other business/corporate assets.

There is a fee for issuance of an Execution charged by the Court and the sheriff or constable will also charge a fee for service. Plaintiff must pay these fees, but all additional costs may be added to a “Request for Execution” to be collected from the defendant.

• Request for Execution (Pro Per Litigants)

Examination of the Judgment Debtor (Defendant)

If a plaintiff is unaware of a defendant’s assets, they may request a “Supplementary Hearing” be scheduled. Plaintiff will have to arrange for the court order to be served on the defendant ordering them to appear before the Judge and disclose their assets. A judgment debtor (defendant) who is served with an order to appear at a supplementary hearing, and who fails to appear, may be punished for contempt. No judgment debtor may be required to appear outside the county in which the judgment debtor resides. See NRS 21.270.

There is a fee for issuance for this order charged by the Court and the sheriff or process server will also charge a fee for service.

• Request for Supplementary/OSC Hearing

Abstract of Judgment

A plaintiff may record a judgment against a person or business at the County Recorder’s office in which they reside by requesting an “Abstract of Judgment” from the Court. Recording an abstract judgment creates a lien on any real property the defendant owns or may acquire in the future.

Collection of a Judgment for an Out-of-State Defendant

A judgment may be enforceable in another state if a defendant leaves the state of Nevada, but plaintiff must comply with the laws governing the procedure of the state where defendant now resides. Plaintiff will likely begin the process by obtaining an “Exemplified Copy” of their judgment from the Sparks Justice Court. However, due to the complexities involved, it is highly recommended plaintiff consult with an attorney where the judgment was obtained for guidance.

Satisfaction of Judgment and Dismissal of Case

Finally, when a judgment has been paid in full a “Satisfaction” should be signed by the plaintiff and filed with the Court to conclude the case. Please contact the Sparks Justice Court Civil department for this form.

There are certain types of property that a judgment creditor (plaintiff) cannot take from a judgment debtor (defendant). This property is called “exempt” property because it is excluded from the execution process. A partial list of exempt benefits and property such as social security benefits can be found in NRS 31.045. To determine whether you qualify for any exemptions, consult with an attorney or research the issue at your local law library.

If you have exempt property that has been garnished or attached, a judgment debtor has ten (10) calendar days from the date the notice of the attachment or garnishment is mailed to them (postmarked) to claim that the property or money is exempt by filing a “Claim of Exemption” with the Court. See NRS 21.112.

The Claim of Exemption should also be mailed to the judgment creditor, the sheriff/constable who served the collection paperwork, and the garnishee (your employer if your wages have been garnished or your bank if your account has been attached). Please contact the Sparks Justice Court Civil Department for this form.

• Fill out the Claim of Exemption form completely.
• Attach documentation to the Claim of Exemption to support the exemptions you are claiming. Depending on the exemption at issue, your proof might include, pay stubs, a letter from the government awarding benefits, an annual statement from a pension fund, records from your bank.
• Bring the form and supporting documentation to the Sparks Justice Court for filing. There is no filing fee.
• After your Claim of Exemption is filed, mail a copy to (1) the judgment creditor (or attorney of record), (2) the sheriff/constable involved with the execution, and (3) the garnishee (your employer or bank).
• Keep a copy of the Claim of Exemption for your records.

What Happens After I File My Claim of Exemption?

What happens depends on whether the judgment creditor files an objection to your Claim of Exemption. If they disagree with the exemptions you are claiming, an objection must be filed with the Court.

• If the judgment creditor does not file an objection, you will come to the Court to request an order directing the sheriff or constable to release the money or property to you within nine (9) judicial days after the claim of exemption has been served.
• If the judgment creditor files an objection within eight (8) judicial days after the claim of exemption was served, the Court will set a hearing and decide whether you are entitled to the exemptions you claimed.

The Court will schedule a hearing date within seven (7) judicial days after the objection is filed. The judgment creditor must provide the notice of the hearing to you, the sheriff/constable involved, and the third party involved (your employer, bank, etc.) not less than five (5) judicial days before the date set for the hearing.

What Happens at the Hearing on My Exemption?

At the hearing, you must provide documents to the judge that prove that your money or property is exempt.

Based upon the evidence and information you bring to the hearing, the judge will uphold your exemption, deny your exemption, or something else. Usually, if the judge denies your claimed exemption, they will order money or property being held by the sheriff or constable be released to the judgment creditor. If the judge maintains your exemption, they typically order that the money or property be released to you.