Learn how to go to Small Claims Court and use the instructions and tips to help you with your case. Also learn how to try to resolve your dispute amicably and get answers to frequently asked questions. The Small Claims Court is part of the District Court Division of the North Carolina Judicial System. Magistrates rule before a small claims court. The maximum amount that can be claimed in a minor case ranges from $5,000 to $10,000, depending on the county. When filing the complaint, the District Court Clerk will provide you with the necessary documents to serve on the defendant to inform the defendant of your complaint. Complaints are usually served in one of three ways: by registered mail, by personal service of a subpoena by the sheriff, or by personal service by another person authorized to serve the civil matter. The costs of serving the complaint on the defendant shall be borne by the plaintiff. If the plaintiff wins in court, he or she may apply to the court to award the plaintiff reimbursement of all court costs, including filing costs and costs of service of the proceedings, by the defendant. If the post office is unable to deliver notice of your claim (p.B. if the defendant has moved without leaving a forwarding address), the court clerk will inform you of a new hearing date and tell you how to arrange personal service of the notice on the defendant.
Any person who is not a party to the small claim and who is 18 years of age or older may send the statement of claim to the defendant in person. The plaintiff or any other party to the action may not serve the claim on the defendant in person. Once the case is filed, the plaintiff is responsible for serving a copy of the subpoena and complaint on the defendant, usually either by the sheriff serving the defendant for a fee of $30 or by sending the defendant a copy by registered mail. If the claim cannot be served on the defendant within 4 months of filing your claim, your claim will be rejected. If you receive new information about the defendant`s location at a later date, you can resubmit your claim. A plaintiff is a person or organization that takes legal action. A defendant is a person or organization against whom legal proceedings are initiated. To file a lawsuit, as a plaintiff, you must complete a legal form known as a complaint and pay a filing fee, which is typically between $30 and $65. Most district court clerks have complaint forms at their disposal that they can use or copy. A judgment is a decision of a court on the rights and obligations of the parties in a case, including the amount of money one party must pay to the other or which party is entitled to ownership. Small Claims Judgment Appeal This section explains whether and how you can appeal the Small Claims Judgment.
Legal Aid of North Carolina provides a small claims court guide in English and Spanish. This guide provides information on how to complete forms for Small Claims Court. Counterclaim: A counterclaim is the optional action of a defendant in the opposite direction against a plaintiff. It must be submitted to the clerk at least two days before the hearing and there is usually a small fee. If you have a valid claim against a party suing you, inform the clerk that you wish to file a counterclaim. In the reply or in the course of the proceedings, the defendant may set out in writing any claim he has against the plaintiff. It is not necessary to have a written response to the defendant`s request, and the plaintiff`s and defendant`s claims are considered as a single case. If the plaintiff wants more time to prepare the counterclaim, they can ask the court to continue. Yes, if the plaintiff is successful, the judge can order the defendant to pay the plaintiff`s legal costs.
Unsuccessful plaintiffs are generally held liable for their own legal costs. If the plaintiff and the defendant reach a settlement, or if for any reason the plaintiff decides not to pursue the case, the plaintiff may file a voluntary dismissal using this form, unless mandatory counterclaims are pending. The applicant may file the termination form before the hearing or in court. If a dismissal is filed in advance, the parties are not required to appear at the court hearing. Yes, a company can be represented by an unauthorized representative. B, for example, an owner or employee, in small claims court. A seizure order may also be made to a third party who holds money for the defendant. Usually, it will be a bank account. For a seizure form and instructions on how to make a seizure order, please contact the District Court Clerk. Every Arkansas District Court has a division known as small claims court. These courts are designed to allow individuals to resolve certain disputes that cost less than $5,000 under relaxed procedural rules and without lawyers.
The small claims hearing is a process to provide each party with the full benefit of the law as a means of resolving a minor dispute. The defendant may wish to file a counterclaim. For more information about this procedure, click Counterclaims. Both parties also have the option of filing petitions and sending each other a prior communication to the District Court if they so wish. Because court proceedings in district court are more complex, a party may benefit from hiring a lawyer for the district court, even if the party was not represented in a small claims court. .