[Rev. 11/21/2013 9:17:27
AM--2013]
CHAPTER 73 - SMALL CLAIMS
NRS 73.010 Jurisdiction
of justice courts for small claims.
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 courts for small claims. In all cases arising in the justice court for
the recovery of money only, where the amount claimed does not exceed $7,500 and
the defendant named:
1. Is a resident of;
2. Does business in; or
3. Is employed in,
Ê the township
in which the action is to be maintained, the justice of the peace may proceed
as provided in this chapter and by rules of court.
[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)
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appointed by the Secretary of State and whose appointment has not expired or been
revoked.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]