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.
How to Respond to a Small Claims Complaint - A Step-by-Step Guide
If you have been sued in Small Claims Court, the first thing you should do is be ready to appear in court.
Even if you don't believe you have a good defense against the claim, it is important to always appear when summoned to court.
If you are served a Small Claims complaint, you have several options:
You can:
You do not have to file any response to a Small Claims complaint. Showing up on the date and time listed on the complaint ready to defend yourself is all you are required to do. For more information, click to visit Going to Small Claims Court.
If the Court requires you to attend mediation before trial, the date should be on the complaint you receive. NOTE: Henderson Justice Court requires you to mediate your case on the same date of your 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.
If mediation is not required, there should be a court date on the Complaint.
A Motion to Dismiss states that there is a legal problem with the complaint. Disagreeing with the defendant's claim is NOT enough to file a Motion to Dismiss.
For instance:
- The small claims court has no jurisdiction because you do not currently live, work, or do business in Las Vegas.
- The defendant is asking for something that the small claims court cannot grant (for example, the return of a vehicle).
- The statute of limitations has already run and the counterclaim is filed too late.
- The debt the defendant is trying to collect has been discharged in bankruptcy.
Your motion to dismiss will be reviewed by a judge. A judge may grant your motion, deny your motion, or set the matter for hearing.
If your motion is granted, the complaint will be dismissed.
If your motion is denied, the complaint will move forward.
If the court sets your motion for hearing, the court will send notice of the hearing date to you and the plaintiff by regular mail.
If either party disagrees with the Court's decision, they can appeal.
You can find a Motion to Dismiss below or on the Small Claims forms page.
MOTION TO DISMISS - SMALL CLAIMS
PDF Fillable
Visit Basics of Court Forms and Filing to learn how to fill out legal forms and file in the justice court.
If you believe that the person suing you owes you money, you can file a Counterclaim. A Counterclaim is different than a defense. A defense is your reason that the person who sued you should not win. A Counterclaim is your own lawsuit stating that the plaintiff owes you money. Once a Counterclaim is filed, both parties are able to have their claims decided at the same time.
Watch this video: Filing a Counterclaim. It discusses the basics of filing a Counterclaim. To watch the entire series of small claims videos, click here.
Learn more about Counterclaims here. The forms are linked below.
Henderson | Las Vegas | North Las Vegas
You can pay the Plaintiff the amount requested in their complaint.
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.
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.
If a settlement is reached, the parties should notify the court in writing and dismiss the case.
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.
NOTICE OF VOLUNTARY DISMISSAL (LAS VEGAS ONLY)
PDF Fillable
If the case is filed outside of Las Vegas:
In small claims courts other than Las Vegas, the plaintiff can 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.
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!
