What are Nevada Small Claims Cases and Class Action Lawsuits?

Small claims in Nevada are strictly money recovery suits that do not exceed $10000. According to the Nevada Revised Statutes 73.010, the Justice Courts have jurisdiction over small claims cases in the state. This section of the law also provides the legal framework for interpretation and proceedings for small claims suits in the state. Small claims cases are generally simpler in terms of the adjudication process and fairly easy for a non-legal professional to walk through.

A Class Action Suit is a case type where the court adjudicates multiple suits in one legal proceeding. The basis for this is that the suits brought to the court share the same complaint in terms of the defendant party and the basis for the claim. NRS 41.037 gives legal backing to the rules of court about this type of suit. They are major civil disputes, also under the jurisdiction of Justice Courts.

What is a Class Action Lawsuit in Nevada?

By state laws, a group of persons with the same complaint can jointly file for damages under the class action lawsuit procedure. Usually, the class members are too many to adjudicate individually. It could also mean inconsistencies in judgment by the authority. Having met the number requirement, the class should also meet the criterion of sharing a common ground as per legal questions or defenses on the case. For a class action, the class members are expected to choose representatives who share the group’s concerns and will protect its overall interests. Such lawsuits are especially useful in cases involving product defects, environmental hazards, or financial losses caused by an organization’s wrongdoing. Certain nonprofit or advocacy groups may also initiate a class action on behalf of affected individuals who have reported their complaints. In many instances, the defendant opts to settle, thereby speeding up the resolution process.

How do I File a Claim in a Nevada Small Claims Court?

Anyone wishing to sue in a small claims court in Nevada should note that monetary awards are capped at $10,000, and the plaintiff is required to be at least 18 years old. Additionally, the defendant should reside or work in the same county where the claim is filed.

Before initiating legal proceedings, the plaintiff is expected to send a demand letter to the offending party via certified mail with a return receipt (the green postcard). This letter should clearly instruct the recipient to pay the owed amount within ten days of receipt; otherwise, the plaintiff may pursue legal action. If the ten-day ultimatum expires without compliance, a complaint may be filed with the relevant Justice Court. Contact the Court Clerk’s office for information on how to proceed. Be sure to fill out all forms and prepare statements in line with the court clerk’s directive. Submit the documents, a copy of the demand letter, and proof of delivery. Also, the complaint shows that the offending party has failed to comply or respond to the demand letter. This step is crucial to avoid a counterclaim of response that can lead to a dismissal of the case. Be sure to give the correct names and addresses of the defendant. If it is a corporate agency, be sure to identify who accepts legal services on their behalf. The reason is that the process server is required to hand them in person, not by mail. Information about this is available in business license directories on the internet. Next is to pay the filing fee. Each Justice Court runs a unique fee schedule. Confirm this with the court clerk. If the plaintiff cannot pay, complete the fee waiver form (Application to Proceed In Forma Pauperis). Submit to the clerk and expect feedback. The judge may or may not grant the request.

Do I Need a Small Claims Lawyer?

The litigant may or may not use a Small claims lawyer for representation. If the defendant is a corporate organization, they are likely to use an attorney.  Lawyers may have more experience and skill than self-litigants, and self-representing may not be advantageous to the latter. In any case, consulting with a legal expert before going to court may be essential.

How do Class Action Lawsuits Work in Nevada?

Class actions leverage numbers to file and push cases in the state. They may work in cases of employment compensation matters, product liabilities, erroneous extortion of service fees in agencies, etc. When a class files a lawsuit, the judge hears the case before giving approval to the class action. After certification, an individual can join the class by filing a claim through the class action notice. Any of the parties can show their interest in being part of the class representatives. A small group of litigants serves as the ‘face’ of the plaintiffs in all court proceedings. Parties may also wish to opt-out and file a separate suit when they wish. Opting out excludes the party from whatever compensations that may arise from the class action. Class action necessarily uses the services of a representing attorney.

Is a Class Action Better Than a Single Party Suit?

Often, yes. Class action lawsuits can carry greater legal weight than individual claims and allow plaintiffs who are not class representatives to avoid frequent court appearances unless specifically called to testify. Furthermore, legal fees and court costs are shared among the class members—or, in some cases, sponsored—rather than borne by a single individual. The main drawback is that class actions may take longer to resolve, and distributing compensation to numerous plaintiffs can be complex and time-consuming.

Nevada public records, including small claims and class action-related documents, may also be accessed through third-party websites. These sites expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Nevada?

Justice Courts in Nevada hear a wide variety of small claims. Among them are:

• Landlord /tenant conflicts
• Refund of deposits
• Employment compensatory claims
• All small claims are strictly monetary in nature and exclude property equivalents:
• Insurance claims
• Transaction failure refunds