[Rev. 12/21/2019 10:15:17 AM--2019]

CHAPTER 73 - SMALL CLAIMS

NRS 73.010             Jurisdiction of justice of peace for small claims; proper venue for filing action.

NRS 73.012             Representation of nongovernmental legal or commercial entity by its director, officer or employee.

NRS 73.015             Acknowledgment of affidavits used in actions for small claims.

NRS 73.020             No writ of attachment or garnishment before judgment; execution.

NRS 73.030             Costs.

NRS 73.040             Attorney’s fee not allowable in actions for small claims; exceptions.

NRS 73.050             Attorney’s fee on appeal to district court.

NRS 73.060             Applicability of general law to actions for small claims.

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      NRS 73.010  Jurisdiction of justice of peace for small claims; proper venue for filing action.  

      1.  A justice of the peace has jurisdiction and may proceed as provided in this chapter and by rules of court in all cases arising in the justice court for the recovery of money only, where the amount claimed does not exceed $10,000.

      2.  An action brought pursuant to this chapter must be filed in one of the following townships as the proper venue for the action:

      (a) The township in which the defendant named is a resident, does business or is employed at the time the cause of action arose or at the time the complaint is filed; or

      (b) In addition to any township described in paragraph (a):

             (1) In a case involving injury to the person or property, the township where the injury was committed.

             (2) In a case involving a person who has contracted to perform an obligation at, or relating to, a particular place, the township in which the obligation is or was to be performed. For the purposes of this subparagraph, the township in which the obligation is incurred shall be deemed to be the township in which the obligation is or was to be performed, unless there is a special contract to the contrary.

      [1911 CPA § 874a; added 1923, 260; R 1927, 297; added 1927, 297; A 1951, 174] — (NRS A 1969, 89; 1979, 1726; 1981, 470; 1985, 233, 1623; 1987, 122; 1989, 581; 1993, 1381; 1999, 2410; 2011, 139; 2015, 947; 2019, 52)

      NRS 73.012  Representation of nongovernmental legal or commercial entity by its director, officer or employee.  A corporation, partnership, business trust, estate, trust, association or any other nongovernmental legal or commercial entity may be represented by its director, officer or employee in an action mentioned or covered by this chapter.

      (Added to NRS by 1995, 135)

      NRS 73.015  Acknowledgment of affidavits used in actions for small claims.  In all cases for the recovery of money under the provisions of this chapter any affidavit which is required or authorized by rules of court or the general provisions of law applicable to such proceedings may be acknowledged before and certified by:

      1.  Any justice of the peace with or before whom the matter is to be filed or is pending; or

      2.  Any notary public who has been appointed by the Secretary of State and whose appointment has not expired or been revoked.

      (Added to NRS by 1969, 276; A 1981, 9)

      NRS 73.020  No writ of attachment or garnishment before judgment; execution.  No attachment or garnishment may issue before judgment in cases mentioned in this chapter, but execution, including garnishment in aid of execution as provided in NRS 21.120, may issue as in other cases arising in the justice court.

      [Part 1911 CPA § 874h; added 1923, 260; R 1927, 297; added 1927, 297; NCL § 9371] — (NRS A 1979, 1726)

      NRS 73.030  Costs.

      1.  The justice of the peace shall forthwith ascertain and charge as costs against the losing party and in favor of the prevailing party, without the filing of a cost bill, the costs of the proceeding as in other cases arising in justice court, which sum when received by the justice of the peace shall be delivered to the county treasurer in the same manner as other fees are delivered by the justice of the peace.

      2.  The prevailing party shall deposit the amount ascertained and assessed as costs with the justice of the peace before final judgment is entered by the justice.

      [Part 1911 CPA § 874n; added 1923, 260; R 1927, 297; added 1927, 297; A 1951, 174] — (NRS A 1969, 411; 1971, 153)

      NRS 73.040  Attorney’s fee not allowable in actions for small claims; exceptions.  Except as provided by NRS 597.860 and 597.870, no attorney’s fees are allowed either party to an action mentioned or covered by this chapter.

      [Part 1911 CPA § 874g; added 1923, 260; R 1927, 297; added 1927, 297; NCL § 9370] — (NRS A 1985, 797)

      NRS 73.050  Attorney’s fee on appeal to district court.  The prevailing party on an appeal to the district court shall be awarded an attorney fee by the district court not to exceed the sum of $15.

      [Part 1911 CPA § 874j; added 1923, 260; R 1927, 297; added 1927, 297; NCL § 9373]

      NRS 73.060  Applicability of general law to actions for small claims.  The general provisions of law applicable to the proceedings in justice courts not in conflict with this chapter shall apply so as to make the procedure in this chapter complete and effective.

      [1911 CPA § 874q; added 1927, 297; NCL § 9380]