Nevada Small Claims Counterclaim — How to File and Deadlines by Court

If someone sues you in Nevada small claims court and you believe they actually owe you money from the same dispute, you don't have to just play defense. You can file a counterclaim — your own monetary claim against the plaintiff — for up to $10,000.

JCRCP Rule 88(b) generally requires a counterclaim to be filed within 21 days after service of the affidavit of complaint. Local rules also set cutoffs tied to trial or mediation.

What a Counterclaim Does

A counterclaim turns a one-sided case into a two-sided one. Instead of just defending against the plaintiff's claim, you're asking the judge to award you money too. Both claims get decided at the same hearing.

The key requirement: your counterclaim must arise out of the same transaction or dispute as the original claim. If your landlord sues you for property damage and you believe they wrongfully withheld your security deposit, that's a valid counterclaim. If they sue you for property damage and you want to recover money they owe you from a completely unrelated deal, that's a separate lawsuit.

Deadlines by Court

This is where Nevada defendants get tripped up. In addition to the 21-day deadline under JCRCP Rule 88(b), local rules set cutoffs tied to trial or mediation.

Las Vegas Justice Court: File within 21 days after service and at least 5 calendar days before your trial date (JCRCP 88(b); LVJCLRP 5.6(a)). E-file through the Clark County Courts portal and complete electronic service before trial.

Sparks Justice Court: File a counterclaim within 21 days after service; file and serve it at least 7 days before your mandatory mediation date. You also need to submit your exhibit packet and memorandum of costs at the local deadline.

Henderson Justice Court: File within 21 days after service and before the hearing date. Henderson uses mandatory same-day mediation, so your counterclaim should be on file before you arrive.

Reno Justice Court: File within 21 days after service under JCRCP Rule 88(b), and check with the clerk for any local pre-hearing deadline and filing procedure.

Filing Fees

Appearing as a defendant is free — NRS 4.060(1)(d) makes that clear. Counterclaim fees vary by court and claim amount; published Sparks/Washoe schedules list:

• Under $1,000: approximately $46–$66
• $1,000 to $2,500: approximately $66–$86
• $2,500 to $5,000: approximately $106
• $5,000 to $7,500: approximately $146
• $7,500 to $10,000: approximately $196

If you can't afford the fee, you can apply for a fee waiver (In Forma Pauperis). The waiver covers court clerk fees but not process server costs.

What If Your Claim Exceeds $10,000?

Small claims court in Nevada caps claims at $10,000 under NRS 73.010. If your counterclaim is worth more, you have two options:

1. Waive the excess — voluntarily cap your claim at $10,000 and keep the case in small claims court.
2. File the full amount — the court may separate or reclassify the claim as a civil action under LVJCLRP Rule 5.6(h). The court determines how to handle it; reclassification is not automatic.

Most defendants choose to waive the excess to keep things simple. Small claims hearings are faster, cheaper, and don't require an attorney.

Do You Need to Send a Demand Letter First?

Plaintiffs in certain Nevada courts must send a pre-suit demand letter (10 days in Las Vegas, 15 days in Henderson). Defendants filing counterclaims are generally not held to this requirement. That said, sending a demand letter before filing your counterclaim is good practice — it shows the judge you tried to resolve things first.

Serving the Plaintiff

You must serve a copy of your counterclaim on the plaintiff. The court doesn't do this for you. Service method depends on local rules; Las Vegas requires electronic service before trial. The plaintiff is not required to file a written reply — they can appear at the hearing to contest your claim.

The Nevada Small Claims Response Guide includes deadline calculation worksheets and step-by-step counterclaim instructions for each major justice court.

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