1. What is Small Claims Court?

Small Claims Court, or Magistrates Court, is a "peoples court" where you may have disputes heard by a judge regarding property or money involving $3,000 or less without a jury. Although you may have a lawyer to represent you, you do not need one. The case will proceed in much the same way as seen on the "Peoples Court" on television.

2. How much does it cost?

For each lawsuit, you must pay $34.00 filing fee to the Clerk of Superior Court. In addition, you must pay the sheriff of the county where the defendant lives a fee of $5.00, in order to have the sheriff deliver the proper papers to the defendant.

3. How do you file the claim?

You must file the lawsuit in the county where the defendant lives. For example, even though you live in Forsyth County, you must file the lawsuit in Davidson County if that is where the defendant resides.

You must fill out a Complaint form, which you may obtain from the Clerk of Superior Court. In claims for automobile property damage and personal injury, you would normally use the Complaint form entitled "Complaint for Money Owed." You must fill in your correct name, address and telephone number and county of your residence. You will also need to complete the name, address, telephone number, if known, and county of residence for each defendant. If the defendant is a business, you must find out if it is a corporation or not. If it is a corporation, you must list the correct name of the corporation. If it is not a corporation, you must list the names of the owners and of the business.

You must also fill out a Summons, which goes to each defendant.

4. What do I do with the lawsuit?

You should make a copy of the Complaint and Summons for yourself and each defendant you are suing. You must file them with the Clerk of Superior Court in the county of the defendant's residence, and pay the $34.00 filling fee. The Clerk of Court will keep the original Complaint, and return the original Summons to you along with the copies of the Summons and Complaint that you file. You should then take the original Summons and a copy of the Summons and Complaint for each defendant to the sheriff's office, where you will pay the $5.00 service fee for each defendant. The sheriff is then responsible for delivering the papers to the defendant.

5. When will my case be set for trial?

The Clerk of Court will schedule your case for trial at the time the Complaint and Summons are filed. The trial date is normally 2-4 weeks from the date the lawsuit is filed. However, the trial cannot take place until the legal papers have been served upon the defendant by the sheriff.

6. What happens at the trial?

You should be to Court on time. It is critical that you are not late. When your case is called for hearing, you should simply tell the Magistrate your story truthfully and as briefly as you possibly can. He will then give the other side an opportunity to testify, and you will likewise be entitled to ask questions of the defendant.

Once the Magistrate has heard all the evidence, he will make a decision an announce who has won the case.

7. Can either side appeal?

Either side that loses can appeal and get a brand-new trial in district court. In order to appeal, you must either tell the Magistrate immediately following the trial that you wish to appeal, or you may file a written notice of appeal with the Clerk of Superior Court within ten (10) days of the date of the judgment. You must also mail a copy of your notice of appeal to the other side, if you have not told them of the appeal immediately following the trial. In order to appeal the case, you must pay a fee of $50.00 to the Clerk of Superior Court, at such time as the Magistrate states, but no longer than twenty (20) days after the judgment. Failure to file this fee would mean that your appeal would be dismissed.

8. Where can I obtain more information about Small Claims Court?

You can obtain a detailed booklet regarding the process from the office of the Legal Services of North Carolina, Inc., 224 South Dawson Street, Raleigh, North Carolina 27611. Their telephone number is 919-856-2564, Fax:919-856-2120

CHECKLIST FOR FILING A SMALL CLAIM ACTION

1. Get Complaint and Summons Forms from the Clerk of Superior Court.

2. Fill in the name, address, and telephone number on the Complaint.

3. Fill defendants' name, address, and telephone number (if known) on the Complaint.

4. Fill in under "Other" section of Complaint form the reason you claim the defendant owes you money.

5. Fill in the names and addresses on the Summons.

6. Make copies of the Summons and Complaint for you and each defendant.

7. File the Summons and Complaint with the Clerk of Superior Court in the county where the defendant lives. You will need to pay the clerk the $34.00 filing fee.

8. The clerk will tell you the date and time your case is scheduled for hearing, and will return to you the original Summons, and all copies of the Summons and Complaint.

9. Deliver the original Summons, and a copy of the Summons and Complaint to the sheriff for service. You will need to pay the sheriff $5.00 for each defendant who is being served the suit papers.

10. Show up on time for the trial and tell the Magistrate why you are entitled to the money you are seeking.
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