Do you want to evict a tenant who stopped paying rent, or get some personal property that rightfully belongs to you? These are just a couple of examples of the types of claims or disputes that are resolved by the North Carolina small claims or "magistrate" courts. And, now that you've decided to file a small claims lawsuit, you need to know the mechanics of what to do and how to do it. In general, you have to know exactly who you're suing, have the right paperwork, and file the suit in the right court.

Where to File

In North Carolina, small claims cases are handled by a special part or "division" of the district courts. However, you actually file the lawsuit with the clerk of the superior court for the county where the defendant lives. Each county in North Carolina has a superior court and at least one district court, and usually both courts are in the same courthouse.

If there's a written contract involved in your suit, like a lease or a sales agreement, it may say where exactly any suit must be filed. If you're suing a business, you may file suit in any county where it does business. If you're suing more than one defendant, you can file suit against all them in the county where one of them lives. For example, if one defendant lives in your county but two others don't, you may file suit against all the defendants in your county.

If you don't file the lawsuit in the right district court, the defendant can ask the court to move the case to the proper court, or even that your case be dismissed or "thrown out" of court. This can slow things down for you. So, if you're unsure about where to file your suit, contact the clerk's office for your area for some help.

Complaint and Summons

Lawsuits begin when the plaintiff, the person who's suing, files a "complaint." In the North Carolina claims courts, there's a special "Complaint" form. It's a fairly simple and straightforward form, but if you need help completing it, the court clerk may offer some assistance, but don't expect legal advice about your suit. The Summons" tells the defendant when and where he must "appear" for trial. The court clerk fills in most of this form.

When filling out the Complaint, you need to give information about your case in a clear and simple way. Print neatly and just give the facts about your claim. Specifically, you'll need to give:

  • Your name, address and a telephone number where you can be contacted during the day
  • The defendant's name and address
  • The amount of money you want the defendant to pay, or a description of the property you want turned over to you
  • Reasons why the defendant owes you money, or why the property rightfully belongs to you

It's very important that you have the proper name and address of the party you're suing. If you're suing:

  • A business that's not a corporation, like a sole proprietorship or a "dba" (meaning "doing business as'), you should check the "assumed names" records in the office of the Register of Deeds in any county where it does business, or the local Better Business Bureau (BBB) to get the legal names and addresses for the business and its owner
  • A corporation, you can get its exact name and address from North Carolina's Secretary of State. You'll also find the name of the company's "registered agent," the person who accepts important documents for the corporation
  • A partnership, you should list the name of the partnership as well as the individual partners as defendants. Again the Secretary of State can help you get that information for some partnerships, and the Register of Deeds and BBB may be of help, too

Get the right form! In North Carolina, there are separate Complaint forms if you're suing for money, to get some personal property or to evict a tenant (called "summary ejectment").

When you file these forms, the court clerk will schedule a trial date, which normally will be about 30 days after you file. In North Carolina, you can file your papers in person or by mail.

Filing Fees

At the time you file your forms, you will need to pay your filing fees. In North Carolina, the fees vary from court to court, but you can expect to pay between $70 and $80, plus an additional $15 for each defendant if you sue more than person. These fees can change at any time, so be sure to ask the superior court clerk about the fee.

Generally, if you win your case, the small claims court will order the defendant to pay your filing fee (called "court costs"). This will be in addition to any other money or "damages" the court awards you on your claim.

Pages: 1 | 2

Tagged as: Consumer Law, Contracts, Real Estate, Small claims, legal articles, lawyers.com, North Carolina, filing