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Need help with Civil complaint

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jwhands

Guest
What is the name of your state? NV

I am required to process a civil complaint on my own for monies owed, meaning I don't fill forms out. I have to type everything up on my own. I was wondering where I could go for reference to help me out. Maybe find examples or a cookie cutter for what I will need to type up and file.
 


N

nowpastdue

Guest
I am NOT an attorney.

Exactly what are you trying to do with this filing? We need details before we can possibly advise you.
 

racer72

Senior Member
Look in your local yellow pages under "Paralegals". Most can assist in the filling out of paperwork. I charge $75 for a small claims case.
 

JETX

Senior Member
"I am required to process a civil complaint on my own for monies owed, meaning I don't fill forms out. I have to type everything up on my own."
*** Why?? Nevada has standardized court forms.
From the Clark County Small Claims court site:
"Small Claims Court does not require the filing of a formal complaint as in a normal lawsuit. Simply go to the justice court clerk's office in your township to fill out a form affidavit. You will be charged a fee to file the affidavit. If your claim is for $1.00-$1,000, the filing fee is $33.00. If $1,000.01-$2,500, the fee is $53.00. If you are seeking between $2,500.01-$5,000 it is $73.00. If you are a low income individual, you may file an application with the court to waive the filing fee. On the day in that you file your affidavit a tentative hearing date will be set (about 3 months later)."
Source: http://clarkcountylegal.com/small_claims_court.htm

In fact, here is a downloadable form:
http://www.co.clark.nv.us/justicecourt_hd/pdf/SmallCla.pdf

And a site with LOTS of links to Nevada courts and forms:
http://www.nvsupremecourt.us/lib_legResources.html
 
J

jwhands

Guest
I am seeking $7500, so it's outside the boundaries for a small claims case. I have to do a civil complaint, which requires me to do everything on my own.
 
N

nowpastdue

Guest
I am NOT an attorney.

Some jurisdictions will not allow you to proceed without representation. You might be eventually successful to go pro se but you are not "required" to act as your own counsel. Or are you speaking of "required" from the point of not being able to afford an attorney, from pride, what?

Filling out the forms is the least of the work. You need representation and if you "taint" the claim by messing it up in the initial stages you will be hard pressed to find an attorney to touch it.

Is the other side going to have representation, I would guess yes?

You never answered specifically what you are trying to do. You say"for monies owed". Do you have a judgement from a previous suit or have you not even gone to court to get a judgement yet?
 
J

jwhands

Guest
I spoke with my attorney, and he advised me to not go with representation. He says that the justice court does not like to see attorneys get involved in this type of suit.

I am suing for the upside down value on a car that I had to repossess. I had to do a civil complaint because the the upside down amount is over $5000.
 

JETX

Senior Member
jwhands said:
I am seeking $7500, so it's outside the boundaries for a small claims case. I have to do a civil complaint, which requires me to do everything on my own.
Okay. Then why did you post this to the SMALL CLAIMS forum??
 
N

nowpastdue

Guest
I am NOT an attorney.

Yes, you put this question in the incorrect forum. But I'm still with you.

#1 What was the wholesale blue book value of the car on the date of sale?

#2 What did the car bring at sale? Was a private or public sale and auction or sealed bid?

#3 Did you after repossessing the car give the person the opportunity to reinstate the contract?

#4 Somehow I get the idea you don't sell cars for a living, correct?

#5 If your attorney can't fill out some forms for you get another attorney? I imagine that your attorney is the one that doesn't want to get involved, he feels it isn't worth his time. Again, get another attorney.

#6 If all else go down to the library and study up all you can on "deficiency judgments".

#7 If you go on you own you'd better make sure you followed all the rules on the repo and beyond or the $7500 will not be your only worry.
 

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