Nevada Civil Litigation Legal Questions

Assuming this matter is before the Las Vegas Justice Court--Small Claims Division-- a demand letter is mandatory.  JCRLV 48(a) provides "[p]rior to filing a Small Claims Affidavit of Complaint, the plaintiff must do the following: (1) Send a demand letter, return receipt requested, to the defendant; (2) wait at least 10 days from the date the demand letter is sent before filing a small claims case; and then (3) file a copy of the demand letter along with the return receipt at the time the small claims case is filed against the defendant. Failure to file a copy of the demand letter and proof of mailing is grounds for dismissal of the action by the Small Claims Referee.... Read More

The answer to your question requires some reading between the lines.  First, the Defendant in Small Claims cases (as with any other cases) can file a Counterclaim for any claims which the Defendant believes create a duty by Plaintiff to pay a Defendant.  One example might be (since you reference moving out of an apartment) that a Plaintiff/Tenant may sue the Defendant/Landlord for return of the security deposit.  The Defendant/Landlord may counterclaim for damages which the Landlord alleges were caused by the Tenant which exceed the security deposit. One other scenario requiring the payment of monies by a Plaintiff is that the losing party in cases before the Small Claims Court shall be required to pay Court Costs to the prevailing party.  NRS 73.030.  In Small Claims actions, there is no right to attorneys fees by either party. NRS 73.040.... Read More

In Nevada, parties are prohibited from claiming attorneys' fees in Small Claims actions.  NRS 73.040 provides (with a limited exception) "no attorney's fees are allowed either party to an action mentioned or covered by this chapter." If you lose, you will be required to pay the principal judgment plus court costs.  NRS 73.030   provides that the justice of the peace shall 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.... Read More

While the amounts in controversy are likely small, if you truly documented the damage at move-in (and more importantly still have copies of those records), you have grounds to be able to contest.  While you may be liable for legitimate damage, wear and tear is excepted therefrom under Chapter 118A of the Nevada Revised Statutes. You will then have to decide what the value of the time and effort you will expend fighting this is worth to you.... Read More

Under both the Nevada Rules of Civil Procedure and Federal Rules of Civil Procedure, each side in litigation is required to disclose the identity of any and all witnesses, as well as persons with knowledge relevant to the action, and the information which that individual is expected to hold.  Under N.R.C.P. 16.1(a)(1), for cases in Nevada state district courts, "a party must, without awaiting a discovery request, provide to other parties: (A) The name and, if known, the address and telephone number of each individual likely to have information discoverable under Rule 26(b), including for impeachment or rebuttal, identifying the subjects of the information."  Therefore if you were hoping to secretly collaborate against your former employer without them knowing, you should be prepared for your information to be disclosed.... Read More

The answer is that Nevada law allows prejudgment interest on any legal claim depending on the type of claim.  For contractual claims, prejudgment interest is calculated pursuant to NRS 99.040 upon all money from the time it becomes due.  The Interest Rate to use is either (a) the interest rate specified in the contract; or if no rate is specified in the contract (b) the Prime Rate + 2% on the date of the contract.  The interest then runs from the date that the obligation came due. For all other claims, NRS 17.130(2) provides that interest shall be calculated and run from the date of the service of the Summons and Complaint on the Defendant at the Prime Rate + 2% in effect immediately preceding the Judgment.   For the "Prime + 2%" calculations, these rates are calculated by the Commissioner of Financial Institutions for the State of Nevada.... Read More

Rentals by the week are much more similar to apartment leasing than hotel leasing.  The property owner is required to give you notice of the default in the lease and the opportunity to respond.  Therefore you might have remedies for an illegal lockout. The failure to release your property to you within thirty days is likewise troublesome.  You will need to be able to document all of your efforts to retrieve your property and to properly and timely vacate the unit in case your property has disappeared.... Read More

The answer is that you can bring an action against the person who shot you in the back.  Two elements that you may wish to consider in bringing your claims.  The statute of limitations for bodily injuries is two (2) years from the date of the act. NRS 11.190(4)(e).  The only issue which you should be cognizant of is that the act of shooting you in the back was likely an intentional act and not covered by any insurance which the criminal may have held.    ... Read More

Because of the procedural anomalies which accompany a request for exemplary/punitive damages pursuant to NRS 42.005 and nature of Small Claims proceedings, an award of punitive damages is not feasible in Small Claims Court. There are no satellite offices for the filing of process.  However it is possible to file pleadings by mail in the Justices Court.... Read More

This situation happens quite often.  The initial questions by the credit providers will be did you have actual knowledge (meaning did you know or should you have known) that your husband was taking out such credit and were you the beneficiary of any of that credit (e.g. was he buying groceries for both of you with the credit that he took out). If you received the benefit of his actions, the credit providers will charge that it matters not whether you did the application because you were enriched by his actions.  The credit providers will likewise look at whether your husband was your actual or implied agent for taking out credit.  For example, did you give your husband power of attorney to execute financial documents on your behalf.  The final question does not go to liability as much as the right to collect as against your assets.  Even if the credit providers agree that you did not contract for this debt, they can sue your husband and take a judgment against him for a debt incurred during the marriage, which arguably could be collected from the community property which you have accumulated.  Furthermore NRS 123.110 provides wives have a duty to support their husbands from the wife's separate property when the Husband has no separate property and the couple has no community property and the Husband, from infirmity, is not able or competent to support himself.  Therefore you might win a proverbial battle by having the credit providers not pursue you as being liable for the debt but might still have your community and/or separate property subject to collection for his contractual obligations. You are welcome to contact the credit providers and to assert that the debt is not yours but his by way of an unauthorized application and/or forgery and should not be reported on your credit report.  However you may not get much mileage out of trying to avoid the debt as incurred.... Read More

The answer is that if you did not complete your financial obligations under the vehicle that the dealership is most likely within its rights to repossess the vehicle.  Your question states that that "financing was complete", which is unclear whether it means that the dealership had been paid in full by the lender or whether the documentation was complete but funding had not yet occurred.  Because these issues are very fact specific, you should consult with counsel who can assist you in determining your best course of action.... Read More

While you might be able to make the case that some of those emails are outside of the scope of the litigation or that they include trade secrets, as a general matter, your business emails will be subject to discovery in a civil suit. Of course, that is presuming that your business is party to the suit.  If the civil case is a personal matter, your business email will likely be irrelevant.  However, if your business is a party to the lawsuit, your emails are very likely to be part of discovery. For reference: the same is true of your hard-copy business documents.... Read More