Sparks Justice Court

Your small claims action may be filed in the Sparks Justice Court if:

• the defendant was a resident of the Sparks Township at the time the cause of action arose or at the time you are filing your claim;
• the defendant was doing business in the Sparks Township at the time the cause of action arose or at the time you are filing your claim;
• the defendant was employed in the Sparks Township at the time the cause of action arose or at the time you are filing your claim;
• your case involves injury to person or property and Sparks Township is where the injury took place; or
• your case involves a contract to perform an obligation and Sparks Township is where the obligation is/was to be performed.

Townships can be checked on the Washoe County Registrar of Voters website: https://www.washoecounty.gov/ voters/reporting_and_statistics/precinct-districtmaps.php

The filing fees to open a small claims case or file a Counterclaim in Sparks Justice Court are as follows:

Filing Your Small Claims Case:

• You may Efile your paperwork using the Odyssey efileNV website: https://nevada.tylertech.cloud/ofsweb
• If you do not have access to Efile, you may mail your paperwork. Please make sure your Declaration and Order and Small Claims Application are easy to read. Mail your documents, with your filing fees and a self-addressed, stamped envelope. Your case will be processed your paperwork will be sent back to you by return mail, notifying you of your case number and court date. Please make check or money order payable to Sparks Justice Court.
• If you choose to come to Sparks Justice Court to file your claim in person, a clerk will prepare your Declaration and Order for you.

Forms:

Small Claims forms and instructions for filling out Declaration and Order and Small Claims Application can be found here: https://www.washoecounty.gov/sjc/Forms.php

If your claim is against a business or corporation, you must contact either Sparks Business Licensing at 775.353.2360 or Washoe County Business Licensing at 775.328.3733 (if the business is located in the Sparks Township but outside city limits) to determine if the business is a sole proprietorship, a partnership, or a corporation. Licensing bureaus will be able to tell you the names of all owners listed. 

If the business is a corporation, you will also need to contact the Secretary of State’s office at 775.684.5708 or visit their website at http://nvsos.gov to obtain the name and address of its Resident Agent. Make sure to verify the full correct spelling of its corporate name. Your claim could be affected if you fail to sue the company exactly as it is listed with the Secretary of State. 

Once you have determined the business type, you will need to complete the forms appropriately. If the business is a sole ownership or a partnership, you will need to list the owners as individuals as well as the business. E.g., John/Jane Doe is the sole owner of ABC, Co., so you will file your claim against “John/Jane Doe individually and dba ABC, Co.”. If the business is an LLC or corporation, you will need to file your claim against XYZ, Inc. and list John/Jane Doe as the Resident Agent, listing both the physical business address and the Resident Agent’s address for the defendant.

1. If damages have already been repaired, you must provide an invoice for repairs and note your claim to reflect that damages have been repaired.
2. If damages HAVE NOT been repaired, you must provide three original estimates with your claim and the amount of your claim must be for the lowest of the three estimates.
3. If the vehicle was totaled, only a statement from a repair shop or your insurance company, along with a copy of a blue book estimate indicating the value of your vehicle before the accident is required.
4. If your insurance company has reimbursed you for the damages, you may only file for your insurance deductible.
5. If the defendant was cited at the collision, you must provide a copy of the police report and a copy of the court’s decision regarding the citation. If there is no conviction to show that the defendant is liable, it will be up to you to prove that the defendant was at fault, and you are urged to have witnesses to the accident appear at your court date.
6. If the damage to the vehicle was a result of improper workmanship, you (as the plaintiff) have the burden to PROVE that the work was done improperly. This will require an expert witness testify in Court on your behalf as to what or how the repair should have been made. You may need to subpoena a mechanic to testify on your behalf. Make sure to note whether the amount claimed is for a refund or costs for repairing the improper work.

Pursuant to JCRCP 91, the Declaration and Order and Small Claims Application must be personally served on each defendant by their local sheriff’s office or licensed process server. See Nev. Justice. Ct. R.  Civ. P. 4(d). There are no exceptions unless approved by a Judge, in writing. Service must be completed at least 10 days prior to your court date. Proof of service must be filed immediately with the Court. It is the plaintiff’s responsibility to make sure proof of service is filed. If your paperwork is not served correctly, or your proof of service is not filed with the Court before your hearing, a Judge will continue your court date.

• List of Process Servers
• Washoe County Sheriff's Office Service Flyer

You must appear at Sparks Justice Court on the court date provided in the Declaration and Order to present your case to a judge. Please carefully review the following items to ensure you are fully prepared for your hearing. If applicable to you, the following items must be completed at least ten (10) judicial days before your court date:

1. If you are the plaintiff, it is your responsibility to contact the sheriff’s office or a licensed process server to arrange for service of your small claims Application and Declaration to the defendant. It is also plaintiff’s responsibility to ensure proof of that service is filed with the Court prior to your court Failure to do so will result in your court date being vacated or continued.

2. If either party would like to present exhibits (pictures, statements, invoices, etc.) during your hearing, you must file your exhibits with the Court prior to your court date. You must also provide a copy of your exhibits to the opposing party and file proof with the Court, stating the date you provided your exhibits and how they were provided. Failure to do so may result in your exhibits not being considered/reviewed at your hearing or a continuance of your court date.

• If your case involves damages from an automobile collision, your exhibits must include three (3) estimates for vehicle repairs, as well as a copy of the police report and the outcome of the citation or criminal complaint arising from the collision, if any. If you initially provided these items when filing your small claims Application, you do not need to submit them twice.
  • Your exhibits must be printed out and organized prior to filing. Your exhibits must also be submitted with a completed Exhibit Cover Page. Please Note: the second page of this form is a Certificate of Service which is how you will notify the Court when and how you provided your exhibits to the opposing party. The ‘Exhibit Cover Page’ can be found on the Sparks Justice Court website > Forms > Small Claims.
  • Once you have printed and organized your exhibits, you will attach them to your completed Exhibit Cover Page and make an exact copy of your completed set of exhibits to provide to the opposing party.
  • You will then decide when and how you will send your exhibits to the opposing party and complete the Certificate of Service on both sets of your exhibits. Once you have certified and sworn you provided your exhibits in the manner described in your Certificate of Service YOU MUST follow through with sending your documents on that date.
  • Finally, you will bring your completed set of exhibits to the Court for filing.

3. If either party would like to request reimbursement of their filing fees and/or court costs at your hearing, you must file a Memorandum of Costs with the Court prior to your court date. You must also provide a copy of your Memorandum of Costs to the opposing party and file proof with the Court, stating the date you provided your exhibits and how they were provided.

• Attorney fees are not awarded as court costs in Small Claims cases.
  • Please complete Memorandum of Costs. Please Note: the second page of this form is a Certificate of Service which is how you will notify the Court when and how you provided your Memorandum of Costs to the opposing party. The ‘Memorandum of Costs’ can be found on the Sparks Justice Court website > Forms > Small Claims.
  • Once you have completed your Memorandum of Costs, you will make an exact copy of your Memorandum of Costs to provide to the opposing party.
  • You will then decide when and how you will send your exhibits to the opposing party and complete the Certificate of Service on both sets of your exhibits. Once you have certified and sworn you provided your exhibits in the manner described in your Certificate of Service YOU MUST follow through with sending your documents on that date.
  • Finally, you will bring your completed Memorandum of Costs to the Court for filing.

4. If either party requires an interpreter during their court hearing, that party must file a Request for Interpreter. Failure to do so will result in your court date being continued. The ‘Request for Interpreter’ can be found on the Sparks Justice Court website > Forms > General.

5. If either party requires a Subpoena for a witness to appear at your court hearing who will not voluntarily appear, you must contact Sparks Justice Court to request a Subpoena be prepared and issued. A witness must receive the Subpoena no later than ten (10) judicial days before your court date.

• You must contact the sheriff’s office or a licensed process server to arrange for service of your Subpoena. You are also responsible for making sure proof of that service is filed with the Court prior to your court date.
• When subpoenaing a witness, you must provide them with a $25.00 witness fee plus mileage for their travel to and from the courthouse. These fees are payable at the time the subpoena is served. No witness is obligated to appear unless the fees have been paid prior to a court date.
• Witness fees are considered part of your court costs and can be added to your Memorandum of Costs.

Other Important Information:

Unless a medical emergency occurs, hearing continuances will not be granted unless requested at least 72 hours prior to your court date. If you are coming from out of town, you should contact the Court to confirm your hearing date and time prior to travelling. The ‘Request for Continuance’ can be found on the Sparks Justice Court website > Forms > Small Claims.

If plaintiff fails to appear at their court date, their case will be dismissed. If there is a valid reason for missing your court date, you may file a ‘Motion to Set Aside Dismissal.’ This motion must be filed within six (6) months of a missed court appearance. If this motion is granted, the Court will set a new court date and notify the parties. Please contact the Court for this form.

If defendant fails to appear at their court date, plaintiff will be awarded judgment by default. If there is a valid reason for missing your court date, you may file a ‘Motion to Set Aside Default Judgment.’ This motion must be filed within six (6) months of a missed court appearance. If this motion is granted, the Court will set a new court date and notify the parties. Please contact the Court for this form.

If the parties reach a payment agreement prior to their court date the Court must immediately be notified of settlement in writing to cancel the hearing. The parties can request a ‘Stipulation for Payment Agreement’ or ‘Stipulated Judgment’ from the Court. Both forms must be completed, signed by both parties, and filed with the Court prior to the hearing.

If the parties reach a settlement prior to their court date, a ‘Dismissal’ must be signed and filed with the Court to cancel the hearing and conclude the case. Please contact the Court for this form.

When the judgment amount has been paid in full a ‘Satisfaction’ should be signed and filed with the Court to release a defendant and conclude the case. Please contact the Court for this form.

Receiving a judgment in Court does not guarantee you will receive any money a judge ordered be paid to you. If a party does not voluntarily pay the judgment amount, you may have to locate attachable assets such as place of employment, bank account, property, etc. The Court does not locate these assets for you.

• If you are unable to locate these assets, you may request the Court schedule a Supplementary Hearing to bring the party owing money before the Court for you to question them about the location of their assets. Please contact the Court for more information.

If either party disagrees with the outcome of their case, an appeal may be filed within five (5) judicial days after the judge’s decision. Appeal instructions and forms can be found on the Sparks Justice Court website > Forms > Small Claims.

If your contact information changes at any time during your small claims case, you should notify the Court of your new address to ensure you receive all pertinent information regarding your case.