Nevada · Debt collection defense

Debt collection defense in Nevada small claims

Being sued over an alleged debt? Organize your defense.

If a creditor, debt buyer, or collector has sued you in small claims over an alleged debt, you can respond and defend yourself. Common defenses include the debt being past the statute of limitations, the amount being wrong, the plaintiff not proving they own the debt, or the debt not being yours at all. You do not have to face it disorganized.

In Nevada, small-claims cases are heard in the Justice Court (small claims division) and you can sue for up to $10,000.

Debt collection defense: steps that matter

  1. Read the lawsuit carefully and note your deadline to answer — missing it can cause a default judgment against you.
  2. Ask the plaintiff (in writing, through the court process) to prove the debt: the original signed agreement, a full account history, and a clear chain showing they own the debt.
  3. Check the age of the debt against the statute of limitations below; a time-barred debt is a defense you can raise.
  4. Gather your own records — payments, disputes, and any prior correspondence — and keep them together with the court dates.

Filing your Affidavit of Complaint in Nevada

  1. Confirm the right court and that your claim is $10,000 or less. Small claims handle money-only disputes up to $10,000. File in the Justice Court for the township where the defendant lives, works, or does business, or where the events occurred.
  2. Make a demand for payment. Most townships require a demand first. North Las Vegas requires a certified-mail demand and a 15-day wait before filing; Las Vegas requires only that a demand was previously made. Check your township's rule.
  3. Complete and file the Affidavit of Complaint. Fill out the Affidavit of Complaint, make the required copies, and file it with the court with any demand-letter proof and the fee. The court sets a hearing date and issues a Summons and Order to Appear.
  4. Serve the defendant. A file-stamped copy of the Affidavit and Summons must be served on each defendant by the constable, sheriff, a licensed process server, or any uninvolved adult over 18. North Las Vegas requires service at least 15 days before the court date.
  5. File the Affidavit of Service and prepare for the hearing. File the Affidavit of Service (North Las Vegas requires it at least 10 days before the court date) and bring your evidence and witnesses. There is no written answer; the dispute is decided at the hearing.

Filing fees: Filing fees are set by each Justice Court and scale with the claim, so there is no single statewide figure. North Las Vegas's 2025 schedule runs from $66 (claims up to $1,000) to $196 (claims up to $10,000). Fee waivers are available; verify with your court.

Deadline that applies to your debt collection defense

A debt claim usually rests on a contract or account, so the statute of limitations for that kind of debt is the deadline the other side has to sue you. If the debt is older than this window, the limitations period can be a defense you raise.

Debt / open account for goods sold and delivered: 4 years (NRS 11.190(2)(a))

Answering a lawsuit: No written answer is required. The defendant is ordered to appear at a court-set trial date (North Las Vegas requires service at least 15 days before); failing to appear can result in a default judgment.

Serving the defendant: A file-stamped copy of the Affidavit of Complaint and Summons and Order to Appear must be served on each defendant by the constable, sheriff, a licensed process server, or any uninvolved adult over 18. In North Las Vegas, service is due at least 15 days before the court date and the Affidavit of Service at least 10 days before.

Appeals: Either party may appeal to the District Court; deadlines are set by each Justice Court (the Las Vegas Justice Court allows 5 judicial days from entry of judgment). A typed transcript is required, so confirm with the court that ruled.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Nevada Administrative Office of the Courts: Small Claims Court. Last reviewed 2026-06-24.