Legal Question in Civil Litigation in Nevada

Re: Small Claims Question

Oral contracts are enforceable. Small claims is People's Court so attorneys are not allowed except that a corporation may be represented by an attorney. It is a matter of who can prove their case as to what the Judge will decide. Usually they make you go to mediation first.

Re: Small Claims Question

Arguing an oral contract can be difficult, but you need to gather all you can to support your position. If you can demonstrate a "course of dealing" between you and the former employee (he was, technically, an employee?) that supports your version of what the understanding was, it will carry a lot of weight in court. Documentation is important where two completely different understandings might be plausibly presented. Gather cancelled paychecks and bank statements, reimbursed payment receipts, and anything else you ever paid to him during your relationship. The affidavits, if from independent witnesses, will be valuable to your case, too.

You are right that attorneys do not appear in Small Claims Court, although they can work for you in the background, helping you to gather evidence, organize your presentation and formulate credible arguments to the judge. As an old Elko native, I would be happy to help you further, if I can.

Rick Williams, Esq.

Sparks

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