How to File a Small Claims Case Contents Clark County, Nevada

How to File a Small Claims Case
How to File a Small Claims Case
Clark County, Nevada
Contents
Preparing your Documents for E-Filing ...................................................................... 1
Documents Required for E-filing ..................................................................................... 1
Preparing to E-File & Serve .............................................................................................. 1
Small Claims Processing.............................................................................................. 2
Filing the Smalls Claims Complaint ................................................................................ 2
E-Filing Small Claims Cases ........................................................................................ 3
January 2012
ii
How to File a Small Claims Case
Preparing your Documents for E-Filing
Suing an individual is relatively straightforward, suing a business, however, requires you to determine the
true name of the business, as many businesses operate under so-called “fictitious” names. Businesses
operate as sole proprietorships, partnerships, corporations, etc. It is important to identify the correct
defendant when filing a suit.
The Documents Required for E-filing section describes the documents required for e-filing your case, as well
as the specific instructions associated with each document type.
The E-Filing Landlord Complaint for Summary Eviction section provides instructions on how to complete
your Straight Eviction Landlord Filing using File & Serve.
Documents Required for E-filing
The following lists the documents needed for e-filing:
•
Small Claims Complaint
•
Small Claims Chapter 604A or 97A.165
•
Demand Letter
Preparing to E-File & Serve
Perform the following steps to ensure a successfully e-file:
1. Check to ensure all documents are completed and signed.
2. Convert all documents you plan to e-file into Word, Word Perfect, Tiff, .txt, or PDF.
Note: Attorney’s may use their existing document templates and forms as long as the forms
have the same required information as the preferred forms in the self-help section.
3. Check the Court Rules for required forms, pleadings, and other filings.
4. Compile all documents into a working directory to have easy access while uploading files to e-file.
5. Review and update the Service Contacts attached to the case.
Once the above steps are completed, proceed to the Odyssey File & Serve site to submit a filing transaction.
January 2012
1
How to File a Small Claims Case
Small Claims Processing
Suing an individual is relatively straightforward, suing a business, however, requires you to determine the
true name of the business, as many businesses operate under so-called “fictitious” names. Businesses
operate as sole proprietorships, partnerships, corporations, etc. It is important to identify the correct
defendant when filing a suit.
If a business that you plan to sue is a corporation, verify the name and location of the corporation’s resident
agent with the Secretary of State. A resident agent is a person or a business appointed by the corporation to
accept Service of Complaints.
If the defendant is another type of business entity, contact the licensing department where the defendant
does business to determine the true name of the business.
The following lists the licensing department for the State of Nevada:
City of Las Vegas
http://www3.lasvegasnevada.gov/Bus-license/Search.asp)
Clark County
http://sandgate.co.clark.nv.us/businessLicense/businessSearch/blindex.asp (702) 455- 4252
City of Henderson
https://dsconline.cityofhenderson.com/BusinessLicense/BLQueryWrap.cfm (702) 565-2045
City of North Las Vegas
(702) 633-1520
Filing the Smalls Claims Complaint
The following lists the steps to file a Small Claims Complaint:
1. Send a Demand Letter to the Defendant via Certified Mail.
Note: A 10-day waiting period is required after sending the Demand Letter to the Defendant
before proceeding to file a Small Claims Complaint.
2. Proceed with filing a Small Claims Complaint if no response initiated by the Defendant to resolve the
issue.
3. Use the Jurisdiction Locator to determine the jurisdiction to file the Complaint.
Note: The Court will NOT reject your filing if you file in the wrong jurisdiction, although; the
Referee/Judge may dismiss your case if you file in the wrong jurisdiction.
4. Create a Small Claims Complaint and file the complaint the court to initiate your case.
Verify to ensure the correct Complaint is being completed for General Small Claims Complaint,
Chapter 604A or NRS 97A.165 Complaints.
Note: If you are suing a business, enter the businesses information in the Defendant’s name
and address field.
January 2012
2
How to File a Small Claims Case
E-Filing Small Claims Cases
Perform the following steps to e-file a Small Claims case:
1. Log into File & Serve.
For instruction on registration, select the How to Register and Set Up an Account document on your
court’s website.
2. Select the
icon.
Figure 1 – Las Vegas Justice Court-Civil Division
File & Serve displays the New Case information including the Reference ID number.
Figure 2 – New Case Reference ID number
3. Select a Case Type for your filing:
a. Plaintiff is an Individual:
b. Plaintiff is a Business AND the Complaint is not subject to Chapter 604A or NRS 97A.165:
c. Plaintiff is a Business AND the Complaint is subject to Chapter 604A
d. Plaintiff is a Business AND the Complaint is subject to NRS 97A.165
e. Plaintiff is a State Agency filing a Small Claims Complaint
Figure 3 – Case Type selection
4. Select the
Document Code.
option, including the amount you are suing for as the
Figure 4 – Document Code selection
The Event Code and Fee Amount field populates.
* This amount changes depending on the amount of the suit.
Figure 5 – Event Code and Fee Amount
January 2012
3
How to File a Small Claims Case
5. Enter the Plaintiff information as noted on the Complaint.
Note: Select the
button to add another Plaintiff if there are multiple
Plaintiffs noted on the Complaint.
Figure 6 – Add Plaintiff information
6. Enter the Defendant information as noted on the Complaint.
Note: Select the
button to add another Defendant if there are multiple
Defendants noted on the Complaint.
Figure 7 – Add Defendant information
.
7. Click the Browse button to select a Lead Document from your computer.
Figure 8 – Browse for Lead Document
The Choose File window opens.
January 2012
4
How to File a Small Claims Case
Figure 9 – Choose file window
8. Select your (Smalls Claims Complaint) document from the files on your computer to attach as a Lead
Document.
Note: File & Serve supports the following document formats: wpd, .doc, .tiff, and .pdf).
9. Click the Open button to attach the Lead Document.
The document name displays in the Lead Document field.
Figure 10 – Lead Document field
The Document Title field should match your pleading title and include the amount of your suit.
Note: This field MUST BE in Proper Case format – Proper case format is Capital first
letters and lowercase following letters, as noted below.
Figure 11 – Document Title information
10. Enter the Submitter’s e-mail address in the Courtesy Copy field.
E-mail addresses entered in the Courtesy Copy field will receive a copy of this filing.
Note: Separate multiple e-mail addresses with a semi-colon.
Figure 12 – Courtesy copy information field
January 2012
5
How to File a Small Claims Case
11. Select an account to pay for the filing fees using the Account field drop-down list.
Figure 13 – Account field
12. Select the
button to submit the small claims case.
Figure 14 – Submit button
The E-filing Queue opens displaying an “S” under the Status/Action column, this indicates the filing
is Submitted. File & Serve convert the documents and routes them to the Court.
Figure 15 – E-File Queue Status column
Once the item shows “P” for Pending status (should change in a matter of seconds), the Court has
the filing for review.
6. Select the
icon to view the Filing Details.
The Details/Service window opens, displaying the E-File ID number.
Figure 16 – Details/Service icon and E-File ID number
7. Note the E-file ID number for future reference.
Note: The Submitter will receive email confirmation within 48 business hours with a courtesy
copy of the e-filed document with a case number. A REJECTION email may be received indicating
why the item was rejected.
For further questions or concerns, please email the courts at Civil@ClarkCountyCourts.us.
Technical Support Assistance
For assistance, contact Tyler Technologies through the following resources.
Odyssey File & Serve Client Support Phone
1.800.297.5377
Odyssey File & Serve Client Support Hours
7 a.m. – 7 p.m. (CT) Monday through Friday
Odyssey File & Serve Client Support E-mail
efiling.support@tylertech.com
Odyssey File & Serve Client Support Website
support.tyler-tsg.com
January 2012
6