QUESTION

Do I have to pay for the defendant if I take a case to small claims court?

Asked on Nov 29th, 2012 on Civil Litigation - Nevada
More details to this question:
For a dispute upon move out of an apartment.
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2 ANSWERS

R. Christopher Reade
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.
Answered on Nov 29th, 2012 at 4:03 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Your question doesn't make sense. If you sue a defendant in small claims court, you have to pay the court clerk a fee for filing. You do not have to pay the defendant.
Answered on Nov 29th, 2012 at 8:39 AM

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