Nevada Small Claims Default Judgment — What Happens If You Don't Show Up
You got served with small claims court papers in Nevada and you're wondering what happens if you just... don't go. The answer is straightforward and bad: the judge rules against you without hearing your side.
How a Default Judgment Works
When a properly served defendant doesn't appear at the scheduled hearing or mandatory mediation, the court enters a default judgment. The judge reviews the plaintiff's complaint and any attached evidence, and if the claim appears valid, enters judgment for the amount requested — up to $10,000 under NRS 73.010.
In some cases the court holds a brief proof hearing where the plaintiff must substantiate their damages. But the defendant isn't there to challenge anything, so the outcome is almost always in the plaintiff's favor.
The Consequences Are Real
A default judgment isn't just a piece of paper. Once it becomes enforceable, the plaintiff can enforce it through:
- Wage garnishment — money deducted from your paycheck
- Bank levies — funds seized directly from your bank account
- Liens — the judgment can be recorded against your property
These enforcement tools are available under NRS 73.020 after the judgment becomes final. The plaintiff can pursue collection for years.
Can You Ignore the Papers?
No. Even if you think the claim is frivolous, even if you think you were served incorrectly, even if the plaintiff told you they'd drop it — ignoring the papers is the single worst thing you can do. The court doesn't know about private conversations or informal agreements. If you don't appear and no dismissal has been filed, you get a default judgment.
If you believe service was defective (wrong person, wrong address, plaintiff served you directly instead of using a process server), you can raise that at the hearing or file a motion to dismiss. But you need to actually show up to make that argument.
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How to Avoid a Default
The fix is simple: appear at your hearing. In Nevada small claims court, you don't even need to file a written answer beforehand — just be there on the date and time listed in your papers. Bring your evidence, tell the judge your side, and let the court decide.
If you can't make the hearing date, file a motion to continue before the court's deadline (5 days before trial in Las Vegas, 72 hours in Sparks). The hearing stays on the calendar until a judge grants the continuance in writing. Calling the clerk or sending a letter doesn't postpone anything.
What If You Already Missed It
If a default judgment has already been entered against you, you may be able to file a motion to set it aside. You'll need to show a valid ground for relief and a meritorious defense (a real argument against the plaintiff's claim). For excusable neglect, mistake, newly discovered evidence, or fraud, JCRCP 60(b) requires filing within a reasonable time and no more than six months after the later of the proceeding or service of written notice of entry. A void judgment based on defective service may be challenged within a reasonable time beyond that six-month limit.
Filing the motion doesn't automatically stop enforcement. If garnishment or levies have already started, you'll also need to file a separate application for stay of execution.
The Nevada Small Claims Response Guide covers default prevention, the set-aside motion process, and what to include in your excusable neglect declaration.
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