Small Claims Actions
- The purpose of Small Claims is to resolve disputes, not act as a collection agency.
- Cases may be filed for the recovery of money or services rendered where the amount claimed does not exceed $10,000.00.
- The defendant being sued must be a resident of Churchill County, or have a business license to do business in Churchill County, or be employed in Churchill County. **UPDATE** Effective October 1st: If the incident that initiated the suit occurred in Churchill County, the Plaintiff is allowed to file the Small Claims suit in Churchill County.
- Plaintiff’s MUST send a demand letter, via certified mail, to the Defendant before filing any paperwork with the Court. For a step by step explanation, please consult this flow chart.
The following amounts are due to the court for the preparation and filing of small claims:
|Amount of Claim||Filing Fee|
|If the sum claimed does not exceed $1,000.00||$46|
|If the sum claimed is $1,000.01 to $2,500.00||$66|
|If the sum claimed is $2,500.01 to $5,000.00||$86|
|If the sum claimed is $5,000.01 to $7,500.00||$126|
|If the sum claimed is $7,500.01 to $10,000.00||$176|
- To initiate a Small Claims Action in our court you must file an Affidavit of Complaint and Order and Small Claims Application (PDF).
- Once the above paperwork has been filed with the court a hearing will be set. It is the plaintiff’s responsibility to bring three copies of any evidence they will be submitting in court.
- If the judgment is found in favor of the plaintiff, the plaintiff has the option to garnish the defendant’s wages or bank account.
- If the plaintiff does not know where the defendant works or banks then the plaintiff would need to complete an Affidavit for Examination of Judgment Debtor and Notice of Hearing (PDF) and file it with the court. This step requires another hearing where both parties are present.
- Once the plaintiff knows where the defendant works or banks the plaintiff may garnish or attach the defendant’s wages or bank account.
- To garnish/attach a defendant’s bank account or wages you must file an Garnishment Packet (PDF)with the court.
- To file this paperwork, the plaintiff must have a personal check, money order or cashier’s check made out to the court for $25.00, $5.00 to the employer or bank to be served and the amount of the service fee for the Sheriff’s Department. ALL PAYMENTS MUST BE SEPERATE. It is the plaintiff’s responsibility to contact the Sheriff’s Department to verify the service fee.
- If the judgment is found in the favor of the defendant, then the case will be closed and no money will be awarded to the plaintiff.
*If an agreement is reached between the parties prior to the court date, but after the filing process, the parties may complete a Stipulation and Judgment (DOC) and file it with the court. Any time after the Plaintiff is awarded a Judgment and the judgment is paid in full, the Plaintiff must file a Satisfaction of Judgment (PDF) with the court to close the case.