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Home » Self-Help » Small Claims » Being Sued In Small Claims » Responding To A Small Claims Complaint

Responding To A Small Claims Complaint

If you are served with a Small Claims Complaint, you can learn more about your options for resolving or defending your case below.


Overview

If you are served with a Small Claims Affidavit of Complaint, you have several options:

Pay the amount requested 

If you choose, you can pay the money that the person suing you (the "Plaintiff") is asking for.  

Negotiate a settlement

You can attempt to settle the case without going to court. This could involve:

  • Paying an agreed upon amount of money to the Plaintiff;
  • Returning property in exchange for dismissing the claim;
  • Providing a service in exchange for dismissing the claim

It is important to put your agreement in writing. The agreement should state what each party intends to do, it should be signed by both parties, and a copy should be kept by both parties.

TIP!  The Neighborhood Justice Center (NJC) offers free mediation services that may help you resolve your dispute. Click on the link to visit Mediating a Small Claims Dispute.

Notify the Court that the case has been settled

If a settlement is reached, the plaintiff will need to notify the court.

If the case is filed in Las Vegas:

In the Las Vegas small claims court, the plaintiff must file a Notice of Voluntary Dismissal form, which you can download by visiting the Las Vegas Justice Court Small Claims Forms page. The form is also available, free of charge, at the Self-Help Center, or you can link to it by clicking below:

NOTICE OF VOLUNTARY DISMISSAL (LAS VEGAS ONLY)  
LV Pdf Fillable   

If the case is filed outside of Las Vegas:

In small claims courts other than Las Vegas, the plaintiff can simply write a letter to the court clerk stating that the case has been settled.

Click to visit Basics of Court Forms and Filing for information about how to fill out legal forms and file in the justice court. For more information about the specific requirements for a small claims case in the Las Vegas Justice Court, click to visit the Las Vegas Justice Court Small Claims page.

TIP! If the plaintiff hasn’t notified the court that the case has settled before the date of your small claims hearing, you should attend the hearing and let the court know the case has been resolved. Unless you know for certain that your hearing has been taken off calendar, show up!

If you can't settle the case (or don't want to), the sections below explain whether you need to respond to the complaint and if so, how to do that:
In Henderson, North Las Vegas, and Courts Other Than Las Vegas or
In Las Vegas Small Claims Court

Download this flowchart showing how a small claims case moves through the court - and whether you might need to file a response to the small claims complaint - by clicking one of the links below:
Flowchart – Overview of the Small Claims Process  
Flowchart - Overview of Las Vegas Small Claims Process

After you've been served with a complaint


Appear at mediation or your trial

If you are the “defendant” (the person being sued) in a small claims case , you do not need to file anything with the court. Once you have been served with a Small Claims Affidavit of Complaint, you simply need to attend your small claims court date to defend yourself. If the Court requires you to attend mediation before trial, your mediation date should be on the complaint you receive.  If mediation is not required, there should be a court date on the Complaint. Showing up on that date and time ready to defend yourself is all you are required to do.  For more information, click to visit Going to Small Claims Court.

FYI! If your small claims case is in the Henderson Justice Court, you will be required to mediate your case on the same date set for your small claims hearing. Click to visit Mediating a Small Claims Dispute for more information. In Las Vegas, mediation is not mandatory, but a mediator will be available the day of your trial if you decide to mediate.

Don't ignore a summons! Even if you don't believe you have a good defense against the claim, you should always appear when summoned to court.

If you believe you have a defense, you should do research, prepare your case, organize your evidence, and practice presenting your case. If you are unsure whether you have a legal defense, you may want to consult with an attorney or do your own legal research. Click to visit Lawyers and Legal Help.

If you don't attend the scheduled small claims mediation or hearing, the judge may enter a money judgment against you for the amount the plaintiff is requesting in the complaint. The plaintiff then has the ability to try and collect that money. For example, the plaintiff could file paperwork that results in the plaintiff garnishing your wages or taking money from your bank account. For more information, click to visit Setting Aside a Small Claims Default Judgment and Collecting a Small Claims Judgment or Contesting Collection.

FYI! If you believe the plaintiff owes you money, you can file a “counterclaim” (a complaint for money against the person suing you). You will file your counterclaim in the same case, and it will be heard at the same time as plaintiff’s claim against you. For more information, click to read Suing the Person Who Is Suing you in Small Claims.

Filing a Motion to Dismiss

You may ask the court to dismiss the Plaintiff's petition, but only for certain reasons. Simply disagreeing with the plaintiff’s claim will not be enough. In your motion, you will need to identify the legal problem with the plaintiff’s case. These are some examples of legal arguments you can make to try and dismiss the case:

  • The small claims court has no jurisdiction because you do not currently live, work, or do business in Las Vegas.
  • The plaintiff is asking for a remedy that the small claims court cannot grant (for example, the return of a vehicle).
  • The plaintiff filed the case after the statute of limitations had already run.
  • The debt the plaintiff is trying to collect has been discharged in bankruptcy.

Your motion might be set for hearing, and if it is, the court will send notice of the hearing date to you and the plaintiff via regular mail. The judge can also issue a written decision without a hearing. If you get a hearing, you should be prepared to state your arguments.

If the judge grants your motion, the plaintiff’s case will be dismissed. If the plaintiff disagrees with this  dismissal, they can appeal.

If the judge denies your motion, the case will  proceed to trial.

Download a  Motion to Dismiss form (for use by Defendant in Small Claims Case) for the Las Vegas Justice Court by clicking to visit the Las Vegas Justice Court Small Claims Forms page and selecting the form. The form is also available, free of charge, at the Self-Help Center, or you can link to it by clicking below:

MOTION TO DISMISS (FOR USE BY DEFENDANT IN SMALL CLAIMS) (LAS VEGAS ONLY)  
LV Pdf Fillable   

Visit Basics of Court Forms and Filing to learn how to fill out legal forms and file in the justice court. For more information about the specific requirements for a small claims case in the Las Vegas Justice Court, visit the Las Vegas Justice Court Small Claims page.