When a dispute threatens what you have built
Civil disputes never show up at a convenient time. A contract you relied on gets breached. A partner takes something that was not theirs. A neighbor claims land you thought was yours. Someone sues you over a deal you believed was finished two years ago.
Whatever set it off, you are now in a process with its own rules, deadlines and costs. The outcome will turn on how well your position is prepared and presented.
I am Mitchell Bisson, a Las Vegas civil litigation attorney. I handle high-stakes civil disputes in the Eighth Judicial District Court in Clark County and across Nevada. I have litigated cases in Nevada and Michigan for over 15 years. Big-Firm Power. Street-Level Grit. I represent plaintiffs and defendants, and having argued both sides, I know how the other side values a case, where it will push, and what actually moves it.
You will get a candid assessment at the start, including the part people are rarely told: what this will cost, how long it will take, and whether the likely recovery justifies the fight. Sometimes the right advice is to settle early, or not to sue at all. I will say so.
Early in my career I was an attorney in class actions against some of the country’s largest banks during the foreclosure crisis, including Bank of America, and in the Lumber Liquidators class action over formaldehyde in flooring. The Bank of America and Lumber Liquidators cases each became part of multi-district litigation. My civil work has also included consumer cases, wage and employment claims, and homeowner disputes with banks and loan servicers, in state and federal court. The kinds of cases are laid out on my selected experience page. Prior results do not guarantee, warrant or predict a similar outcome.
Civil disputes I handle in Las Vegas and across Nevada
- Breach of written and oral contracts, from payment disputes to complex commercial arrangements
- Real estate and property disputes: purchase agreements, boundary and easement conflicts, title defects and seller nondisclosure claims (see my Las Vegas real estate attorney page)
- Fraud and misrepresentation, including fraudulent inducement, concealment and negligent misrepresentation
- Business and partnership disputes over ownership, accountings and breach of fiduciary duty (see my Las Vegas business litigation attorney page)
- Homeowners association disputes over fines, assessments, architectural decisions and board conduct under NRS Chapter 116
- Residential and commercial landlord and tenant and lease disputes, on both sides
- Collections and judgment enforcement, including the harder work of actually collecting
- Business torts such as tortious interference, unfair competition, conversion and civil conspiracy
Know your deadline first: the Nevada breach of contract statute of limitations
Nevada sets strict deadlines to file suit. Miss one and the claim is barred however strong it is. The most common: My post on the breach of contract deadline in Nevada covers accrual and shortened periods.
- Written contracts: six years, under NRS 11.190(1)(b)
- Oral contracts: four years, under NRS 11.190(2)(c)
- Fraud or mistake: three years, generally running from discovery of the facts constituting the fraud, under NRS 11.190(3)(d)
- Trespass or waste on real property: three years, under NRS 11.190(3)(b). Injury to personal property: three years, under NRS 11.190(3)(c)
- Personal injury: two years, under NRS 11.190(4)(e)
The clock often starts earlier than people assume, typically at the breach and not when you discovered the consequences or finished trying to work it out informally. Months of good-faith negotiation do not stop it unless you have a signed tolling agreement or a court finds grounds to toll the deadline. And the same facts can support several theories with different deadlines, so the right period is not always obvious. If a dispute is more than a year old, have it looked at now.
Where your case will be heard
Forum affects cost, speed and outcome. Nevada splits civil money disputes between two main trial courts. Justice Court hears most civil money claims up to $15,000, with more formal procedure than small claims. The Eighth Judicial District Court in Clark County hears everything above the Justice Court limit, and it is where significant civil litigation happens in Las Vegas. The dollar limits for the lower courts are set by statute and change, so confirm the current figures before you file. Some commercial disputes can go to a business court docket, which I cover in my post on Clark County business court.
Filing in the wrong court wastes months. So does pleading a claim in a way that puts it on a slower track than necessary. I look at this at the outset, not after the case is moving.
Court-annexed arbitration in Clark County
Many lower-value civil cases in Clark County are routed into a court-annexed, non-binding arbitration program before they can reach a jury. The probable-award threshold for the program has been raised in recent years, including for cases filed on or after January 1, 2026, so the current number matters and should be checked against the rule in force on your filing date.
Several things follow, and they surprise people.
- If your case qualifies and no exemption applies, you go through the program.
- The award is non-binding. A party who is unhappy with it can request a trial de novo, either a short trial or a full trial.
- Requesting one carries risk. A party who rejects the award and fails to improve its position can face cost consequences.
- A case whose probable value truly exceeds the threshold can be exempted, but the request has to be supported by the claimed damages and the facts, not merely asserted.
I decide early whether arbitration serves you or whether the case belongs on a direct path to trial, because that choice shapes everything after it.
Comparative negligence and the 51 percent bar
In cases involving fault, Nevada applies modified comparative negligence under NRS 41.141. Your recovery is reduced by your percentage of responsibility, and if you are found 51 percent or more at fault, you recover nothing. That is the rule in a suit against one defendant. With several defendants, the comparison is to their combined fault under NRS 41.141. This reaches well beyond car accidents. It applies to premises liability and to any other action for death, injury to a person or injury to property in which comparative negligence is raised as a defense. Expect the other side to work hard at pushing your share past that line. I work just as hard on the evidence that keeps it below.
Attorney’s fees and the offer of judgment
Nevada generally follows the American Rule. Each side pays its own attorney’s fees unless a contract or statute says otherwise. Many commercial contracts have prevailing-party fee clauses, and I look for them first when I evaluate a case.
Then there is NRCP 68. A party can serve a formal offer of judgment. If the other side rejects it and fails to get a more favorable judgment, the court can order them to pay the offering party’s post-offer costs and expenses and, where fees are allowed, reasonable attorney’s fees. Used deliberately, an offer of judgment turns an opponent’s stubbornness into financial risk. It is a practical settlement tool in Nevada civil practice, and parties often overlook it. It cuts both ways, which is why any offer you receive deserves real analysis and not a reflexive no.
Fraud and misrepresentation claims
Fraud claims can be among the most valuable civil claims, and they are among the hardest to prove. Clients often describe a bad deal as fraud when the law would call it a breach of contract, and sometimes describe real fraud as though it were only a disappointment.
A fraud claim generally requires a false representation of material fact, knowledge that it was false, intent that you rely on it, justifiable reliance and resulting damages. Nevada also recognizes fraudulent concealment, where a party with a duty to disclose stays silent about something material, and negligent misrepresentation, which requires carelessness rather than intent.
The difficulty is worth it. A successful fraud claim can open the door to punitive damages, and the limitations period generally runs from discovery rather than from the transaction. Fraud also has to be pleaded with particularity. The complaint must say who, what, when and where, not just allege deception in general terms. That drafting requirement is where many viable claims die.
Homeowners association disputes follow a different path
If your fight is with an HOA, do not just file a lawsuit. These matters are governed by NRS Chapter 116, and many must first go through alternative dispute resolution administered through the Nevada Real Estate Division before litigation can proceed.
Typical disputes involve the validity of fines, special assessments, architectural review decisions, selective enforcement of covenants, board elections and conduct, records access, and collection activity including the association’s lien rights. The governing documents, notice requirements and internal procedures all matter, and a claim that is right on the merits can fail because a required step was skipped. I represent homeowners.
How a Nevada civil case moves
Evaluation and demand
Before anything is filed I assess the merits, the deadline, the likely damages, the defendant’s ability to pay a judgment and whether a fee-shifting provision exists. A judgment against someone with no assets and no insurance is a piece of paper. A demand letter often follows, and a meaningful share of disputes end there.
Pleadings
The complaint frames everything. The claims you plead decide what damages are available, which deadlines apply, whether fees can be recovered and whether the case lands on a fast or slow track. The defendant answers or moves to dismiss claims that fail as a matter of law. Counterclaims are common and should be anticipated before filing.
Early case conference and discovery
Nevada requires an early case conference where the parties exchange initial disclosures and set a discovery plan. Discovery then runs through interrogatories, document requests, requests for admission and depositions. It is the longest and most expensive phase, and it is where the evidence surfaces. Your own emails, texts and records will be produced too.
Dispositive motions
After discovery, either side may move for summary judgment, arguing that no genuine dispute of material fact exists and the law decides the case. Many cases end there, and many settle right afterward once both sides see how the court views the evidence.
Settlement, mediation or trial
Most cases resolve through negotiation or mediation. The rest are tried to a judge or jury. Trial is expensive and uncertain, which is exactly why credible readiness produces better settlements in the cases that never get there.
Judgment and collection
Winning is not the same as being paid. Collection is its own process of debtor examinations, garnishment, liens and execution against assets. I evaluate collectability before you spend money litigating, because prevailing and recovering nothing is a poor outcome.
Litigation is a business decision
Whether to sue, or to fight instead of settle, should be weighed like any other significant expense. Four questions drive it.
- What is the realistic recovery, meaning the probable range discounted by the risk of losing, not the most optimistic outcome?
- What will it cost to get there, including your own time, which people routinely ignore?
- Can the defendant actually pay? Assets, insurance and solvency decide whether a judgment means anything.
- What is resolution itself worth? Some disputes have to end for reasons that are not financial: a partnership that must be unwound, a cloud on title that blocks a sale, conduct that will otherwise continue.
I run that analysis with you, including when the answer is that the case is not worth bringing.
Related Nevada practice areas
Owner disputes, non-competes and trade secrets are on my Las Vegas business litigation attorney page. Property and title fights are on my Las Vegas real estate attorney page. Injury claims are on my Las Vegas personal injury lawyer page, and constitutional claims against government actors are on my Las Vegas civil rights attorney page. Post-judgment review is on my Nevada appeals lawyer page. If a civil dispute also carries criminal exposure, see my Las Vegas criminal defense lawyer page. Short answers are on my Nevada legal FAQs page.
Common questions about Nevada civil litigation
Do I need a Las Vegas contract dispute lawyer to enforce a contract?
When a letter or a phone call has not resolved the problem, it is time to talk to one. A lawyer can read the agreement, check it against the deadlines above, including the six years for a written contract under NRS 11.190(1)(b), and give you a candid assessment of what the claim is worth and what it will cost. Sometimes the right advice is to settle early. I will tell you which it is.
How long do I have to file a civil lawsuit in Nevada?
It depends on the claim: six years for a written contract, four for an oral contract, three for fraud or property damage and two for personal injury. The clock frequently starts at the breach and not at your discovery of the harm, and the same facts can support theories with different deadlines. Have the timeline evaluated as soon as a dispute becomes serious, not after you have exhausted informal efforts.
Will my case have to go through arbitration first?
Possibly. Clark County’s court-annexed arbitration program captures lower-value cases, and the dollar threshold has been raised in recent years. The program is non-binding, so a dissatisfied party can request a trial, though doing so carries cost risk. Exemptions are available where the probable value exceeds the threshold. I assess which path serves your goals before filing.
Will my case actually go to trial?
Statistically, most civil cases settle. But cases settle on good terms when the other side believes you are prepared to try them. In a Clark County case, that pressure often comes from the arbitration program and from an offer of judgment under NRCP 68, both of which put a price on refusing to deal. I prepare every case as if it will be tried, and that preparation is the leverage. If a case must be tried, I try it, and you will have a clear view of the risks before you decide.
Can I recover my attorney’s fees if I win?
Sometimes. Each side normally bears its own fees unless a contract or statute shifts them. Many business and real estate contracts include prevailing-party clauses, and NRCP 68 can shift costs and, in the court’s discretion, attorney’s fees against a party who rejects an offer and then fails to get a more favorable judgment. I identify every available basis early, because fee exposure changes settlement dynamics enormously.
What is an offer of judgment and why does it matter?
It is a formal settlement offer under NRCP 68. If your opponent rejects it and then fails to get a more favorable judgment, the court can order them to pay the costs and expenses you incurred after the offer and, where fees are allowed, your reasonable attorney’s fees. That turns refusal to negotiate into concrete financial risk. It works in the other direction too, so an offer you receive should be analyzed carefully.
How much does civil litigation cost?
More than most people expect, which is why I address it at the start. In a Nevada civil case the costs include attorney time, filing fees in Justice Court or the Eighth Judicial District Court, deposition and transcript costs, retained consultants where needed and discovery expenses. A straightforward contract dispute costs far less than a case that needs consultants or runs through full discovery, and a request for trial after arbitration adds cost of its own. I explain my fee arrangement at the consultation, before you decide whether to hire me. Where litigation does not make economic sense, I will say so.
Do I have to send a demand letter before suing?
Usually not as a legal requirement, though some claims and contracts require pre-suit notice or mediation. Strategically, a well-built demand letter is often worth sending. It resolves many disputes at a fraction of litigation cost, builds a record of your reasonableness and can trigger contractual fee provisions. A poorly drafted one can hurt you by misstating facts or making threats that undercut your credibility later.
I’m in a dispute with my HOA. What are my options?
Your path runs through NRS Chapter 116, and many disputes must first go through alternative dispute resolution via the Nevada Real Estate Division before you can litigate. The governing documents, the association’s notice and hearing procedures and the type of dispute all determine what is required. Skipping a required step can end a good claim, so the sequence matters as much as the merits.
How long does a civil case take in Clark County?
It varies widely. A case resolved in the arbitration program may conclude within months. A District Court case that goes through full discovery and motion practice to trial commonly takes well over a year, sometimes much longer depending on complexity and the court’s calendar. I push cases forward as efficiently as the facts allow and keep you informed.
Someone sued me. What should I do first?
Read the summons and note the response deadline the day you are served. Do not ignore it. Failing to answer can lead to a default judgment, which means you lose without anyone hearing your side. The papers will show whether the case is in Justice Court or the Eighth Judicial District Court, and that affects the procedure and the timing. Do not contact the opposing party to argue about it. Gather every document relating to the dispute and get counsel quickly. Many cases are improved or damaged in the first two weeks after service.
Can I sue for emotional distress in a contract dispute?
Generally not. Contract damages in Nevada are typically economic: the value of the promised performance and foreseeable consequential damages. Emotional distress and punitive damages are usually unavailable for a simple breach. Where the conduct is also an independent tort such as fraud or breach of fiduciary duty, more categories of damages may open up. How the claim is framed in the complaint matters a great deal.
Can I still win if I signed the contract without reading it?
Often you are bound by what you signed, and “I didn’t read it” is generally not a defense in Nevada. But the analysis may not end there. A term may be unenforceable as unconscionable, the agreement may have been procured by fraud or misrepresentation, a required disclosure may be missing, or the provision may be ambiguous and construed against the drafter. Bring the contract in before you assume you have no options.
What if the other side has more money than I do?
It is a real disadvantage but not a decisive one. Well-funded opponents try attrition, hoping cost will force you to drop a strong claim. The counters are structural: fee-shifting provisions, the offer of judgment rule to create cost exposure on their side, tight case management to keep discovery from expanding, and a realistic view of what you can sustain before you begin. A strong case handled with discipline can beat a weak case with a large budget.
Can I be sued in Nevada if I live in another state?
Possibly, depending on your contacts with Nevada. Courts here can exercise jurisdiction over out-of-state parties who transacted business here, entered contracts here or caused harm here, and many contracts name Nevada as the forum. Jurisdiction and venue are threshold issues worth examining early, because a successful challenge can end the case in Nevada or move it somewhere far more convenient for you.
What if my contract has an arbitration clause?
Many contracts require private arbitration, and Nevada courts generally enforce those clauses. This is different from the court-annexed program above. Private arbitration is usually binding, with very limited appeal rights, and the parties pay the arbitrator. Enforceability can occasionally be challenged, particularly where a clause is unconscionable or was not properly agreed to, but plan on it being enforced.
What if I signed a personal guaranty?
Then a creditor can generally pursue you personally for the business debt. That is the whole purpose of the document: it strips away the liability protection your entity would otherwise give you. Defenses exist. The guaranty may have been discharged by a material change to the underlying obligation made without your consent, the creditor may have failed to satisfy a condition, the document may be ambiguous, or the signature and capacity may be contestable. These arguments turn on the exact language, so bring the document.
Talk to a Las Vegas civil litigation attorney
If you are looking for a Las Vegas civil litigation lawyer to file a lawsuit or defend one, call me before the deadline decides for you. Your Rights, My Fight! Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines.
Call for a free initial consultation: (702) 602-4990
Law Offices of Mitchell S. Bisson 625 S. 6th St., Ste. 505 Las Vegas, NV 89101 MBisson@BissonLegal.com
This page provides general information about Nevada law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case turns on its own facts.