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Nrs: Chapter 73 - Small Claims


Published: 2015

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[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.

_________

 

      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]