How to File a Small Claims Lawsuit

Yes, a business can be represented in small claims court by a no representative. B authorized, such as an owner or employee. Many people represent themselves in small claims court, and the process is designed to be accessible to people without a lawyer. However, court staff, such as judges and clerks, cannot give you legal advice on your case, and if you choose to represent yourself, you will be bound by the same rules of procedure and evidence as a licensed lawyer. A person who is required to pay a pecuniary judgment may make payments in whole or in part to the Clerk of the Supreme Court to ensure that the court has a record of payments. Paying the other party is also an option. A party that receives partial or full payment directly from the other party is required to inform the Registrar of all payments received and may present a certificate of payment to the court as proof of receipt of payment. Counterclaim: A counterclaim is the optional action of a defendant in reverse order 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, notify 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.

No written response to the defendant`s request is required, and the plaintiff`s and defendant`s claims are considered as a single case. If the plaintiff wants more time to prepare for the counterclaim, they can ask the court to continue. Note: The new law allows landlords to file a small claim for unpaid rent for amounts that exceed jurisdictional limits as of August 1, 2021. For more information, see Resources for tenants and landlords. Known to the People`s Court, the Small Claims Court is an informal and inexpensive forum that helps you resolve disputes of $7,000 or less. To sue, you must complete a Claim and Termination Declaration form. Get it from your district`s small claims clerk. Your claim can be submitted in person or by mail. However, if the documents are mailed to the Registrar, the action will not be brought until the documents have actually been received. If the defendant is served with a small claims case less than 5 days before the court date (or less than 2 days before the court date in eviction cases), the judge must allow the defendant to continue, which means that the court date will be postponed. Otherwise, the magistrate decides whether or not to authorize the extension if a party so requests.

If the other party disagrees, the party requesting continuation must prove a good reason. If the post office is unable to give notice of your claim (p.B. if the defendant moved without leaving a forwarding address), the court clerk will give you a new hearing date and tell you how to have the notice served on the defendant in person. Any person who is not a party to the small claim and who is at least 18 years of age may send the statement of claim to the defendant in person. The plaintiff or any other party to the action may not personally serve the claim on the defendant. A judge is an appointed official of the District Court. Its legal obligations include deciding on cases in a civil small claims court, deciding on precautionary issues in criminal matters, and conducting marriages. Judges may or may not be lawyers. Learn how to go to Small Claims Court and use the instructions and advice to help you with your case. Also learn how to try to resolve your dispute amicably and get answers to frequently asked questions.

Basics Review general information about courts and small claims cases. And find out if small claims are right for your situation by using helpful resources. This information can help you decide if small claims are right for you, show you how to resolve your case without going to court, and more. No. Cases that qualify in small claims court may also be heard in district court. However, small claims disputes are generally faster and easier for people without a lawyer to deal with because there are fewer procedural requirements. 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.

You must pay the legal fees to make your claim. If your claim is for a maximum amount of $1,000.00, a fee of $15.00 will be charged. If your claim is greater than $1,000.00 and up to $10,000.00, a fee of $20.00 will be charged. Fees must be paid in cash, with a certified cheque, money order or bank cheque to the "Registrar of the Civil Court". Personal cheques are not accepted. A party is not arrested for failing to pay a judgment ordered by small claims court. This list is not exhaustive, but is intended to provide an example of claims that would likely belong to Small Claims Court. While this is the general rule and covers the majority of potential claims, there are a few limited exceptions: the defendant may want to file a counterclaim. For more information about this procedure, click Counterclaims. A small claim will not be brought to court until the defendant receives notice of your claim. Both parties also have the option of filing applications and submitting the advance communication to each other before the District Court if they so wish. Since court proceedings before the 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.

For more information about civil litigation, see the Lawsuits Help topic. Small Claims Court handles the following types of cases: Once the case is filed, the plaintiff is responsible for serving a copy of the subpoena and claim on the defendant, usually by serving the sheriff on the defendant for a fee of $30, or by sending a copy to the defendant by registered mail. The Small Claims Court is part of the District Court Division of the North Carolina State Court System. Judges rule in a small claims court. The maximum amount that can be claimed in a minor case varies between $5,000 and $10,000, depending on the county. Settlement: The parties may agree to an amicable settlement, even after the dispute has begun. Notify the court of the settlement. Both parties must sign the written agreement entitled "Decision Agreement" and have it filed in court records so that it can be enforced by law. Keep a copy for your records. To bring a lawsuit in Small Claims Court, a person or person acting on their behalf must go to the small claims court clerk`s office in the county and complete a statement of claim. To find out where the clerk`s office is located in your riding, click Locations. To find out when the Small Claims Court Clerk`s office is open, click Court Hours.

You can also use an external service to complete your claim statement and file it electronically with the court. If you want to start your file this way, click on Electronic Filing. The person completing the claim statement must be able to explain the reason for the claim, know the amount of the claim, and have the correct name and address, including postal code, of the person or company being sued. If you are not sure of the correct name of the company, you should go to the county clerk`s office in the county where the company is located and look for the certificate of business activity, photocopy the certificate and take it to the court. The person completing the claim statement must be able to explain the reason for the claim, know the amount of the claim, and have the correct name and address, including postal code, of the person or company being sued. If you are not sure of the correct name of the company, you should go to the county clerk`s office in the county where the company is located and look for the certificate of business activity, photocopy the certificate and take it to the court. View and print the small claims form. 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 courts. An applicant is a person or organization that initiates a lawsuit. A defendant is a person or organization against whom legal proceedings are initiated. A party must appear in court on the specified day and time if he or she wishes to be heard by the judge.

In small claims court, a defendant may, but is not obligated to, submit a written response to the plaintiff`s complaint. A defendant may also file a counterclaim to bring a lawsuit against the plaintiff. A response may be delivered to the other party by mail, but usually a counterclaim must be served by the sheriff or by registered mail. The clerk will make an appointment for the hearing. Small Claims Court hearings are generally held at 6:30 p.m.m .m. If you are an elderly citizen, a person with a disability, or a person who works in the evenings, you can request that your small claims hearing be heard during the day. You or the person appearing on your behalf must provide proof of old age, disability or night work. Proof can take the form of a letter from your job or a doctor, a driver`s license with your date of birth, or other similar documents. .