2005 Nevada Revised Statutes - Chapter 73 — Small Claims

CHAPTER 73 - SMALL CLAIMS

NRS 73.010 Jurisdictionof Justice Courts for small claims.

NRS 73.012 Representationof nongovernmental legal or commercial entity by its director, officer oremployee.

NRS 73.015 Acknowledgmentof affidavits used in actions for small claims.

NRS 73.020 Nowrit of attachment or garnishment before judgment; execution.

NRS 73.030 Costs.

NRS 73.040 Attorneysfee not allowable in actions for small claims; exceptions.

NRS 73.050 Attorneysfee on appeal to district court.

NRS 73.060 Applicabilityof general law to actions for small claims.

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NRS 73.010 Jurisdictionof Justice Courts for small claims. In allcases arising in the Justice Court for the recovery of money only, where theamount claimed does not exceed $5,000 and the defendant named:

1. Is a resident of;

2. Does business in; or

3. Is employed in,

the townshipin which the action is to be maintained, the justice of the peace may proceedas provided in this chapter and by rules of court.

[1911 CPA 874a; added 1923, 260; R 1927, 297; added1927, 297; A 1951, 174](NRS A 1969, 89; 1979, 1726; 1981, 470; 1985, 233,1623; 1987, 122; 1989, 581; 1993, 1381; 1999, 2410)

NRS 73.012 Representationof nongovernmental legal or commercial entity by its director, officer oremployee. A corporation, partnership, businesstrust, estate, trust, association or any other nongovernmental legal orcommercial entity may be represented by its director, officer or employee in anaction mentioned or covered by this chapter.

(Added to NRS by 1995, 135)

NRS 73.015 Acknowledgmentof affidavits used in actions for small claims. Inall cases for the recovery of money under the provisions of this chapter anyaffidavit which is required or authorized by rules of court or the general provisionsof law applicable to such proceedings may be acknowledged before and certifiedby:

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

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 Any notary public who has been appointed by theSecretary of State and whose appointment has not expired or been revoked.

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

NRS 73.020 Nowrit of attachment or garnishment before judgment; execution. No attachment or garnishment may issue before judgment incases mentioned in this chapter, but execution, including garnishment in aid ofexecution as provided in NRS 21.120, mayissue 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 ascertainand charge as costs against the losing party and in favor of the prevailingparty, without the filing of a cost bill, the costs of the proceeding as inother cases arising in Justice Court, which sum when received by the justice ofthe peace shall be delivered to the county treasurer in the same manner asother fees are delivered by the justice of the peace.

2. The prevailing party shall deposit the amountascertained and assessed as costs with the justice of the peace before finaljudgment 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 Attorneysfee not allowable in actions for small claims; exceptions. Except as provided by NRS597.860 and 597.870, no attorneysfees are allowed either party to an action mentioned or covered by thischapter.

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

NRS 73.050 Attorneysfee on appeal to district court. Theprevailing party on an appeal to the district court shall be awarded anattorney 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 Applicabilityof general law to actions for small claims. Thegeneral provisions of law applicable to the proceedings in Justice Courts notin conflict with this chapter shall apply so as to make the procedure in thischapter complete and effective.

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

 

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