What is small claims court? Small claims court is part of the district court division of the North Carolina state court system. Magistrates decide cases in small claims court. The maximum amount of money that can be requested in a small claims case varies by county, from $5,000 to $10,000. A magistrate is an appointed officer of the district court. Some of their statutory duties include deciding cases in civil small claims court, deciding preliminary matters in criminal cases, and performing marriages. Magistrates may or may not be attorneys. A plaintiff is a person or organization that files a court case. A defendant is a person or
organization against whom a court case is filed. What types of cases are filed in small claims court? Small claims court handles the following types of cases: No. Cases that are eligible for small claims court may also be heard in district court. However, the small claims court process is usually faster and is easier to manage for people
without an attorney, because there are fewer procedural requirements. Small claims cases, unlike district and superior court cases, must be filed in the county where at least one of the defendants resides. eCourts Guide & File is available to help users prepare court documents online to file for Small Claims: Money Owed, Repossession of Personal Property. A small claims case is filed in the clerk of superior court’s office in the appropriate county. The forms may be printed and completed in advance, or the clerk of superior court can provide you with the forms. You will need to provide the following:
NOTE: Local requirements may vary. Please check with your local clerk’s office to find out what forms and quantity of each are required in that county. How do I serve the defendant with the case?Once the case is filed, the plaintiff is responsible for serving the defendant with a copy of the summons and complaint, generally either by having the sheriff serve the defendant for a fee of $30, or by mailing a copy to the defendant via certified mail, return receipt requested. Can the defendant be ordered to pay the court costs?Yes, if the plaintiff is successful, the magistrate may order the defendant to pay the plaintiff’s court costs. Unsuccessful plaintiffs are generally held responsible for their own court costs. The Court ProcessI was served with a complaint in small claims court. What do I do? A party must appear in court at the appointed day and time if he or she wants to be heard by the magistrate. In small claims court, a defendant may file a written answer to the plaintiff’s complaint but is not required to do so. A defendant may also file a counterclaim to raise a legal claim against the plaintiff. An answer can be served on the other party by regular mail, but generally a counterclaim must be served by sheriff or certified mail. Court dates are scheduled within 30 days of the day the plaintiff files the case, and usually within 10 to 15 days for eviction cases. The clerk of superior court will schedule a court date when the plaintiff files the case and will write it on the magistrate summons form, which is served on the defendant. What happens if a party doesn’t appear in small claims court?
If the defendant is served with a small claims case fewer than 5 days before the court date (or fewer than 2 days before the court date in eviction cases), the magistrate must allow a continuance, which means rescheduling the court date. Otherwise, the magistrate decides whether to allow a continuance if a party requests it. If the other party does not consent, the party requesting a continuance must show good cause. What if I want to dismiss my case?If the plaintiff and defendant reach a settlement or for any reason the plaintiff chooses not to proceed with the case, the plaintiff can file a voluntary dismissal using this form, so long as there are no pending compulsory counterclaims. The plaintiff may file the dismissal form prior to the court hearing or in court. If a dismissal is filed in advance, the parties are not expected to appear at the court hearing. Are there trials in small claims court?Yes, but the trials are usually quick and are decided by a magistrate. There are no jury trials in small claims court. Small claims court may be held either in a courtroom or in the magistrate’s office. The plaintiff presents his or her case first and may testify, call witnesses, or present other evidence such as documents or recordings. The defendant may question the plaintiff’s witnesses after they testify. Once the plaintiff has finished his or her case, the defendant may also testify, call witnesses, and present evidence, and the plaintiff may question the defendant’s witnesses. The magistrate may ask questions of the parties and witnesses and may announce his or her decision immediately after both parties have presented their cases. Do I need to hire an attorney for small claims court?Many people represent themselves in small claims court, and the process is designed to be accessible to people without an attorney. However, court personnel such as magistrates and clerks of court cannot give you legal advice about your case, and if you choose to represent yourself, you will be held to the same rules of procedure and evidence as a licensed attorney. I am not an attorney. Can I represent my business in small claims court?Yes, a business can be represented by a non-attorney authorized agent, such as an owner or employee, in small claims court. Where can I find resources to help me prepare for small claims court?Legal Aid of North Carolina provides a guide to small claims court in English and Spanish. This guide includes information about filling out forms for small claims court. eCourts Guide & File is available to help users prepare court documents online to file for Small Claims: Money Owed, Repossession of Personal Property. AppealsWhat can I do if I disagree with the outcome in my case in small claims court? Either party can appeal the decision of the magistrate to district court for a new trial before a judge or a jury. Notice of appeal may either be given orally by telling the magistrate in court when the magistrate makes a decision, or by filing a written notice of appeal with the clerk of superior court within 10 days after the magistrate’s decision. A notice of appeal form can be found here. A copy of the Notice of Appeal must be served on the other party. The party giving notice of appeal must timely pay the court costs for the appeal. Failure to pay the court costs will result in a dismissal of the appeal. If a party is unable to pay the court costs for appeal, the party may file a petition using this form to appeal as an indigent. An appealing party may also be required to post a bond to stop enforcement of the magistrate’s decision while the case is on appeal. See the Landlord and Tenant Help Topic for more information about appealing eviction cases. What happens when the case goes to district court?A court date will typically be scheduled and sent to both parties in the mail. Parties should inform both the clerk of superior court and trial court coordinator of any address change while the case is pending. The new trial will be before a judge, unless a party timely demands a jury trial in writing within 10 days. Cases dealing with money may be scheduled for arbitration. See the Arbitration and Mediation Help Topic for more information about this process. Both parties also have the opportunity to file motions and to send each other discovery in district court if they choose to. Because the legal procedures in district court are more complex, a party may benefit from hiring an attorney for district court even if the party was not represented in small claims court. See the Lawsuits Help Topic for more information about the civil court process. Judgments and CollectionsWhat is a judgment? A judgment is a court’s decision about the parties’ rights and obligations in a case, including the amount of money one party must pay the other, or which party is entitled to property. Many people reach an agreement about the terms of payment after the court decides how much money one party must pay the other. If there is no agreement, the winning party can begin the collections process. The clerk of superior court will record the judgment, and interest will begin to accrue if it is not paid.
Judgments are valid for 10 years and can be renewed once. A prevailing party can send a new notice of rights and motion to claim exempt property to the other party in the future. How should judgments be paid?The person required to pay a money judgment can make full or partial payments to the clerk of superior court to ensure that the court has a record of payments. Paying the other party is also an option. A party who receives partial or full payment directly from the other party is required to notify the clerk of any payments received and can file a Certificate of Payment with the court as proof the payment was received. Can I be arrested for not paying a judgment?A party will not be arrested for failing to pay a judgment ordered in small claims court. Will my wages or public benefits be garnished to pay a judgment?No, North Carolina does not allow a winning party to garnish the other party’s wages or public benefits, except in child support cases. What type of power is government control of immigration an example of?Inherent powers, although not expressly delegated by the Constitution, are powers that are intrinsically held by any national government of a sovereign state. Examples of inherent powers include the power to control immigration, the power to acquire territory, and the power to quell insurrections.
What is a constitutional obligation of the national government?The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
What constitutional powers are given to states?Powers Reserved to the States. ownership of property.. education of inhabitants.. implementation of welfare and other benefits programs and distribution of aid.. protecting people from local threats.. maintaining a justice system.. setting up local governments such as counties and municipalities.. Which clause of the United States Constitution requires states to support the laws and court decisions of other states?Article IV, Section 1: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
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