Legal Question in Real Estate Law in Nevada
Small claims court award damages
In Carson City County, Nevada, the small claims court has a maximum damage award of $5000. If the matter concerns the ''trebling'' of damages (as in real property failure to disclose known existing conditions) can the court impose an award of $15,000?
2 Answers from Attorneys
Re: Small claims court award damages
Small claims courts typically only award out of pocket damages and not punitive damages or pain and suffering.
Re: Small claims court award damages
NRS 73.010, governing the jurisdiction of Justice Courts for small claims, provides:
In all cases arising in the Justice Court for the recovery of money only, where the amount claimed does not exceed $5,000 and the defendant named:
1. Is a resident of;
2. Does business in; or
3. Is employed in,
the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
So, the maximum award of $5,000 appears to apply, despite a statutory provision that may permit the trebling of actual damages in a proper case. A District Court in Nevada possesses general jurisdiction for such claims, so that's where a potential $15,000 lawsuit should be brought. Your attorney can advise further.