What is Small Claims Court? Introduction to Small Claims Court Small Claims Court is a court, but it is not designed for lawyers. It`s supposed to be a “handyman” court where ordinary people can try to write their own complaint, North Carolina offers sample complaints that can be downloaded and filled out for basic claims such as assault, breach of contract, and civil commutation (theft). You can also download a sample assignment to complete. Both can be found here. 22 16 Preparation for trial If you reach an agreement with the other party before the hearing, you do not need to go to trial. If a case is settled amicably, the applicant must notify the clerk of the court so that the case can be dismissed. If you are the defendant, check with the court clerk before your trial date to make sure the plaintiff has indeed dismissed the case. If the case is settled amicably, the plaintiff will not recover the court costs paid, unless the defendant agrees to pay them as part of the settlement. Process checklist Use this section to create your own list of evidence and witnesses and make sure you are ready for trial. Testimonials If in doubt, consult a lawyer.
The clerks are very helpful and will do everything possible to help you, but they are not able to give you legal advice. But our Raleigh litigator team is always available to answer your questions confidentially and free of charge. Art. 35 Appeal to District Court Art. 29 Pending an appeal hearing If you appeal a judgment against you to the Small Claims Court, you do not have to pay that judgment until the District Court decides the case. However, if the judgment requires you to hand over property to the other party, you may need to hand over the property or leave a deposit to keep the property during the appeal. Instead of a deposit, the employee might ask you to leave money or other collateral to keep the property. If you are a tenant and want to continue living in your residence while you appeal, you must sign a declaration agreeing to pay your rent to the court during the appeal process. A portion of this rent may be due at the time of your call.
District Court If a case is contested by one of the parties, a new hearing date is set for the District Court. It is treated as if the case had never been heard before. This means that you will have to resubmit your evidence and witnesses. Either party may request that a jury rule on the facts of the case, but this request must be made at the time the notice of appeal is filed. If neither party chooses a jury, the judge decides the case. The procedure before the district court is more formal and takes longer. Legal documents that you may wish to submit are not available as forms from the Registrar. Most people find that they need a lawyer to bring a case to the district court. This is especially true if you are a tenant appealing an eviction. QUESTIONS AND ANSWERS ABOUT YOUR APPOINTMENT AND YOUR LAWYER A guide prepared by the Office of the Counsellor 1.
WHO IS MY LAWYER? Your lawyer`s name appears on the index provided with this guide. On the 31st After the process $25 to $2,000 in books, tools or other tools used in the business of a debtor or dependent on the debtor. Life insurance policies that list a spouse and/or children as beneficiaries. Health care necessary for you or your loved ones to work or maintain health. Compensation for bodily injury or for the death of a person on whom you depend (unless the judgment concerns services related to the damage repaired). individual pension accounts, including individual retirement pensions and Roth retirement accounts. finances up to $25,000 in college savings plans under certain conditions. other state or state pension accounts. Maintenance, alimony, separate alimony and alimony payments required for your maintenance. What assets are not protected? Exceptions do not apply to: All your property if you don`t apply for your exemptions on time! the value of the property in excess of eligible allowances. Personal property acquired less than 90 days before the start of the judicial recovery procedure. Claims against the federal government or its authorities, to the extent permitted by federal law.
Claims of general government or its subdivisions relating to taxes, government obligations or fiduciary duties. Claims of legal liens on certain assets. If a creditor acquires a security interest in connection with the purchase of an asset, the object is not exempt from a decision of that creditor with respect to the asset. Orders for the maintenance, maintenance or division of property in connection with a divorce or alimony. If you have a complaint about a person or company and can`t find a solution, you may be able to take your case to Small Claims Court. Small claims claims, unlike district and superior court proceedings, must be filed in the county where at least one of the defendants resides.
