Small Claims Court in NC
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Small claims court (AKA magistrates court) offers an avenue for individuals and businesses to seek justice without the price tag of an expensive law firm. Sometimes, however, those small claims can turn complicated. If that is the case, Witt Law Firm, P.A. is happy to offer you an affordable way to either bring or defend against a small claims action.
In general Small Claims court is sometimes run much like a Judge Judy TV episode. Things move quickly and the rules of evidence are loosely applied at the discretion of the Judge. Be aware most of the time the magistrate is not a lawyer and hence the losing party has an automatic right to appeal any ruling simply by paying the $150 appeal fee to go to District Court. |
A small claims action can be for the collection of money up to $10,000.00 in some counties as of August, 2013. The maximum jurisdiction is up to the Chief District Court Judge in each County to decide and varies between $5,000.00-$10,000.00. The current limit in both Union County and Mecklenburg County Small Claims Court is the full $10,000.00 allowable under State law. If you are suing an individual in Small Claims Court the action must generally be brought in the home county of the Defendant. The current filing fee is $100.00 and service by the Sheriff runs another $30.00.
Small Claims is usually the best place to file for summary ejectment, which is the classic form of eviction in North Carolina. For all parties, the judgment rendered may be appealed, which is why many people refer to small claims court as a party’s "First-try". Commonly, the judgment is appealed and if your case is, you’ll face arbitration and maybe a trial in District Court. At those stages it would always be advisable to consult with your attorney as the consequences generally increase as your case moves up the appellate ranks. For more information about how to prepare and what to expect you may want to read A Citizen's Guide to Small Claims Court as prepared by the NC Department of Justice.
Small Claims is usually the best place to file for summary ejectment, which is the classic form of eviction in North Carolina. For all parties, the judgment rendered may be appealed, which is why many people refer to small claims court as a party’s "First-try". Commonly, the judgment is appealed and if your case is, you’ll face arbitration and maybe a trial in District Court. At those stages it would always be advisable to consult with your attorney as the consequences generally increase as your case moves up the appellate ranks. For more information about how to prepare and what to expect you may want to read A Citizen's Guide to Small Claims Court as prepared by the NC Department of Justice.
*** The Forms provided below are for illustrative purposes only. They should not be relied upon or filed with the Court. Please seek legal counsel before filing anything with the Court.
| Magistrate Summons.pdf |
| Complaint for Money Owed.pdf |