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Offer of Judgment in Small Claims

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mo42186

Member
What is the name of your state (only U.S. law)? Nevada

Does Rule 68, Offer of Judgment apply in small claims cases? For example, if my defendant offers me $1,000 in an Offer of Judgment to settle before trial, I reject, and I only win $500 at small claims trial, can he recover attorney's fees against me? I know that usually you can't recover attorney's fees in small claims, but would this be an exception?
 


OHRoadwarrior

Senior Member
No it cannot result in lawyer fees being awarded, unless it is shoplifting related. Here are Nevada small claims statutes.
http://www.leg.state.nv.us/NRS/NRS-073.html
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Nevada

Does Rule 68, Offer of Judgment apply in small claims cases?
Yes.

NRS 73.060 Applicability of general law to actions for small claims. The general provisions of law applicable to the proceedings in justice courts not in conflict with this chapter shall apply so as to make the procedure in this chapter complete and effective.
In addtion, Section (f)(2) of Rule JRCP 68 so states that the offeree may be assessed the offeror’s attorney fees incurred from the time of the offer is made, but only when such fees are awarded the offeror, and only those attorney fees “actually incurred by the offeror”.

Here, however that portion of the rule is moot, because with two exceptions attorney fees are not awarded in a Nevada small claims court NRS 73.040.

The exceptions are retailer’s civil actions involving shoplifting - NRS 597.860 civil actions against an adult defendant/thief and NRS 597.870 civil actions against the parent or guardian of a minor proven to have committed the theft.

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Is there an exception to NRS 73.040 that bars attorney fees in small claims when a Rule 68 offer is timely made?

No. The fact that Nevada has extended the general laws applicable to justice courts to proceedings in small claims courts does not alter the disallowance of attorney fees in those courts as proscribed by NRS 73.040.

However, other sanctions can be imposed affecting the offeree when a favorable small claims judgment is less than the offer. Example, barring post-offer costs and interest.
 

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