Does Nevada require a demand letter before I can sue?

No general statute requires a demand letter before you sue in Nevada. Nevada Revised Statutes Section 41.600 lets any victim of consumer fraud, including a deceptive trade practice under Sections 598.0915 to 598.0925, bring a private action without sending the seller notice first. A demand letter is still useful because it often resolves the dispute and documents that you tried before filing suit.

How does Nevada's bad-check demand letter work?

If someone's check to you was dishonored, Nevada Revised Statutes Section 41.620(1) makes the drawer liable for the amount of the check plus treble damages, not less than $100 nor more than $500, but only if you first send a written demand and the drawer then fails to pay in cash within 30 days after that demand is mailed to them by certified mail. The 30 days runs from when you mail the demand, not from when the drawer receives it.

What happens if I skip the 30-day demand for a bad check in Nevada?

You lose access to Nevada Revised Statutes Section 41.620's civil penalty for a dishonored check, since that statute conditions the drawer's liability for treble damages on a certified-mail demand and a 30-day failure to pay.

How much can I sue for in Nevada small claims court?

Nevada's Justice Court Small Claims Division hears claims for the recovery of money only, up to $10,000, under Nevada Revised Statutes Section 73.010(1). Nevada does not bar attorneys from small claims, and a corporation or other business entity may instead appear through its own director, officer, or employee under Section 73.012.

Do I need a demand letter to file small claims in Las Vegas, Nevada?

Nevada Revised Statutes Chapter 73 itself has no pre-filing demand requirement. But the Las Vegas, North Las Vegas, and Henderson Justice Courts in Clark County, as a matter of the court's own filing practice, require attaching a copy of the demand letter and proof of certified mailing to open a small claims case. That is a local filing rule, not a statewide statute, so check your own county's justice court for its own requirements.

Is my business's own collection letter regulated by Nevada's debt collection law?

Not by the Nevada Collection Agencies Act, Nevada Revised Statutes Section 649.020(2)(i)-(j), which excludes a person collecting in their own name on a claim they originated, or servicing a claim they originated and sold. That Act's licensing and conduct rules apply to licensed third-party collection agencies and debt buyers, not to an original creditor collecting its own account.

How long do I have to sue on a debt in Nevada?

It depends on the type of debt. Nevada gives six years to sue on a written contract under Nevada Revised Statutes Section 11.190(1)(b), and four years on an oral contract or on an open account for goods sold and delivered under Section 11.190(2)(a) and (c).

Can I add interest to my Nevada demand letter?

Yes. Nevada Revised Statutes Section 99.040(1) entitles a creditor to interest on money owed from the date it becomes due, at a rate equal to the prime rate of the largest bank in Nevada, as set by the Commissioner of Financial Institutions each January 1 and July 1, plus 2 percent, unless a written contract fixes a different rate.

Do I need a lawyer to send a demand letter in Nevada?

No. You can write and send your own demand letter in Nevada. If your dispute later goes to Nevada small claims court, an attorney is permitted to appear, though a corporation may instead send its own director, officer, or employee under Nevada Revised Statutes Section 73.012. Having an attorney review your letter before you send it can still strengthen the wording.

Where do Nevada's rules for a security deposit or final paycheck demand apply instead of this letter?

Security deposit and final paycheck disputes follow their own Nevada rules, covered on separate demand letter pages for those claim types rather than in this general demand letter.

Nevada Demand Letter

This letter applies Nevada's bad-check demand statute, its consumer-fraud and collection-agency rules, and its small claims, interest, and limitations rules.

Find out where you stand in Nevada

What is this demand about?

DocDraft provides document preparation, not legal advice.

Introduction

Nevada's consumer-fraud statute, NRS 41.600, does not require a demand letter before you sue for a deceptive trade practice, but if your claim involves a dishonored check, a separate demand matters: under Nevada Revised Statutes Section 41.620(1), the check's drawer becomes liable for the amount of the check plus treble damages, not less than $100 nor more than $500, only if you first send a written demand and the drawer then fails to pay in cash within 30 days after that demand is mailed to them by certified mail. A demand letter states clearly what you are owed, why, and what you will do if the other side does not respond by your deadline, and it creates a paper trail a judge will want to see even when no statute requires one. Nevada also stands out because its Collection Agencies Act, NRS 649.020(2)(i)-(j), excludes a business collecting in its own name on a debt it originated itself, so a first-party creditor's own letter is governed mainly by general law rather than that Act, and because Clark County's justice courts, as a matter of the court's own filing practice rather than a state statute, will not open a small claims case in Las Vegas, North Las Vegas, or Henderson without a copy of the demand letter and proof of certified mailing attached. If your dispute involves a security deposit or a final paycheck, Nevada applies separate rules to those claims, covered on their own demand letter pages rather than repeated here. DocDraft builds your Nevada demand letter from your facts and your deadline, with attorney review available before you send it.

Key Things to Know

1
Nevada's consumer-fraud statute, NRS 41.600, does not require a demand letter before you sue for a deceptive trade practice, but if your claim involves a dishonored check, Nevada Revised Statutes Section 41.620(1) conditions its civil penalty, the amount of the check plus treble damages of not less than $100 nor more than $500, on a written demand mailed to the drawer by certified mail, if the drawer then fails to pay within 30 days after that mailing.
2
State your demand in specific numbers. Name the exact amount owed, the contract, invoice, or dishonored check it comes from, and a firm deadline to pay or act.
3
If you plan to file in the Las Vegas, North Las Vegas, or Henderson Justice Court in Clark County, that court's own filing practice requires you to attach a copy of your demand letter and proof of certified mailing to open a small claims case, even though no Nevada statute imposes that requirement statewide.
4
Nevada's Justice Court Small Claims Division hears claims for money only up to $10,000 under Nevada Revised Statutes Section 73.010(1), and Nevada does not bar attorneys from taking part in a small claims case.
5
Mind Nevada's statute of limitations: six years to sue on a written contract under Nevada Revised Statutes Section 11.190(1)(b), and four years on an oral contract or an open account for goods sold and delivered under Section 11.190(2)(a) and (c).
6
Interest on money owed accrues under Nevada Revised Statutes Section 99.040(1) from the date the debt becomes due, at a rate equal to the prime rate of the largest bank in Nevada plus 2 percent, reset every January 1 and July 1, unless your written contract sets a different rate.
7
Keep the tone firm and factual, not threatening. Do not threaten arrest, jail, or criminal prosecution to collect a civil debt. Separately, Nevada's Collection Agencies Act, NRS 649.020(2)(i)-(j), does not cover a business collecting in its own name on an account it originated itself, so that Act's licensing and conduct rules apply mainly to third-party collection agencies.

Key decisions before you file

Before you file a Demand Letter in Nevada, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.

Open the Demand Letter guide

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[YOUR NAME] [YOUR ADDRESS] [CITY, NEVADA ZIP] [EMAIL] [PHONE]

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[RECIPIENT NAME] [RECIPIENT ADDRESS] [CITY, NEVADA ZIP]

Re: Demand for Payment - [INVOICE, CONTRACT, OR CHECK NUMBER]

Dear [RECIPIENT NAME]:

This letter is a formal demand regarding [MATTER: UNPAID INVOICE, DISHONORED CHECK, BREACHED AGREEMENT, OR UNPERFORMED WORK].

STATEMENT OF FACTS

On [DATE], [WHAT HAPPENED, IN PLAIN CHRONOLOGICAL ORDER]. [ADDITIONAL FACTS, INCLUDING ANY RELEVANT DATES]. Copies of the invoice, contract, or dishonored check are enclosed with this letter.

AMOUNT DEMANDED

You currently owe me $[AMOUNT], consisting of [PRINCIPAL AMOUNT] plus interest as described below. [ACTION REQUIRED, IF THIS IS NOT A MONEY DEMAND].

DISHONORED CHECK [IF APPLICABLE: dishonored check]

You issued check number [CHECK NUMBER], in the amount of $[CHECK AMOUNT], which was dishonored. Under Nevada Revised Statutes Section 41.620(1), if you fail to pay that amount in cash within 30 days after this demand is mailed to you by certified mail, you become liable for the amount of the check plus damages equal to three times that amount, though not less than $100 nor more than $500.

INTEREST

Interest on the amount owed accrues under Nevada Revised Statutes Section 99.040(1) from the date the debt became due, at a rate equal to the prime rate of the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions on the preceding January 1 or July 1, plus 2 percent, adjusted again each January 1 and July 1 until paid, unless an express written contract between us fixes a different rate.

DEMAND AND DEADLINE

I demand payment of the full amount, or completion of the action described above, no later than [DEADLINE DATE: AT LEAST 30 DAYS AFTER THIS LETTER IS MAILED]. Payment may be made by [PAYMENT METHOD].

CONSEQUENCES IF YOU DO NOT RESPOND

If I do not receive payment or a response by the deadline, I intend to pursue all available legal remedies, including filing a claim in the Small Claims Division of the Justice Court, which hears claims for money only up to $10,000 under Nevada Revised Statutes Section 73.010(1). If that claim is filed in the Las Vegas, North Las Vegas, or Henderson Justice Court, Clark County's own filing practice will require attaching a copy of this letter and proof of certified mailing to open the case, even though no Nevada statute imposes that requirement statewide. I may bring this claim within Nevada's applicable limitations period: six years on a written contract under Section 11.190(1)(b), or four years on an oral contract or an open account for goods sold and delivered under Section 11.190(2)(a) and (c). This letter may be presented to the court as evidence that I sought to resolve this matter before filing suit.

I would prefer to resolve this without litigation and am willing to discuss a reasonable resolution if you contact me before the deadline.

Sincerely,

[SIGNATURE] [YOUR NAME]

Enclosures: [INVOICES, CONTRACTS, PHOTOS, OR OTHER RECORDS]

Note: This letter is drawn from Nevada Revised Statutes Section 41.620 (dishonored-check demand), Section 99.040 (interest), Section 73.010 (small claims), and Section 11.190 (limitations periods).

Nevada Requirements for Demand Letter

Bad-Check Penalty Requires 30-Day Certified Demand
Nevada Revised Statutes Section 41.620(1) makes a check's drawer liable for the amount of the check plus treble damages, not less than $100 nor more than $500, only if the payee first sends a written demand and the drawer fails to pay in cash within 30 days after that demand is mailed by certified mail.
No Presuit Demand Under the Consumer-Fraud Statute
Nevada Revised Statutes Section 41.600 lets any victim of consumer fraud, including a deceptive trade practice under Sections 598.0915 to 598.0925, sue without first sending the seller a written demand or notice.
Original Creditors Excluded From Collection Agencies Act
Nevada Revised Statutes Section 649.020(2)(i)-(j) excludes a person collecting in their own name on a claim they originated, or servicing a claim they originated and sold, from the definition of a collection agency, so an original creditor's own demand letter is not regulated by that Act.
Clark County Small Claims Demand-Letter Filing Practice
The Las Vegas, North Las Vegas, and Henderson Justice Courts in Clark County require attaching a copy of the demand letter and proof of certified mailing to open a small claims case, as a matter of the court's own filing practice rather than a Nevada statute.
Small Claims Limit and Attorney Participation
Nevada's Justice Court Small Claims Division hears claims for money only up to $10,000 under Nevada Revised Statutes Section 73.010(1), and a corporation or other business entity may appear through its own director, officer, or employee under Section 73.012.
Statute of Limitations by Claim Type
Nevada gives six years to sue on a written contract under Nevada Revised Statutes Section 11.190(1)(b), and four years on an oral contract or an open account for goods sold and delivered under Section 11.190(2)(a) and (c).
Floating Interest Rate Mechanism
Nevada Revised Statutes Section 99.040(1) sets interest on money owed at the prime rate of the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions each January 1 and July 1, plus 2 percent, unless a written contract fixes a different rate.
No Attorney-Fee Presentment Requirement
Unlike a presentment-based fee statute, Nevada Revised Statutes Section 18.010(2)(a) lets a court award attorney's fees to a prevailing party who recovered $20,000 or less, as a discretionary post-judgment award rather than a rule conditioning fees on presenting the claim before suit.

Find out where you stand in Nevada

Introduction

Key Things to Know

Key decisions before you file

Customize your Demand Letter Template with DocDraft

Nevada Requirements for Demand Letter

Bad-Check Penalty Requires 30-Day Certified Demand

No Presuit Demand Under the Consumer-Fraud Statute

Original Creditors Excluded From Collection Agencies Act

Clark County Small Claims Demand-Letter Filing Practice

Small Claims Limit and Attorney Participation

Statute of Limitations by Claim Type

Floating Interest Rate Mechanism

No Attorney-Fee Presentment Requirement

Frequently Asked Questions