Charlotte North Carolina Petition to Sue - Appeal as an Indigent

State:
North Carolina
City:
Charlotte
Control #:
NC-G-106
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PDF
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Description

Petition to sue/appeal as an indigent: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


The Charlotte North Carolina Petition to Sue — Appeal as an Indigent is a legal document that allows individuals with limited financial means to appeal a court decision without having to pay court fees. This petition is specifically designed to assist low-income individuals who may not have the financial resources to fund the appeal process. When submitting the Petition to Sue — Appeal as an Indigent, the individual must provide evidence of their financial status, usually through documentation such as income statements, bank statements, and proof of government assistance. This evidence aims to prove that the individual does not have the means to cover the costs associated with filing an appeal. By invoking the Petition to Sue — Appeal as an Indigent, the individual requests that the court waive or reduce the fees typically required for filing an appeal. This enables them to access the appeals process and have their case reviewed, despite their financial constraints. There are no specific types of Petition to Sue — Appeal as an Indigent in Charlotte, North Carolina. However, variations may exist in terms of the underlying lawsuit or case being appealed, such as civil or criminal appeals, family law appeals, or appeals related to property disputes.

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FAQ

This form tells the court you cannot afford the fees related to your case. If the clerk or a judge approves the form, you will not have to pay.

Primary tabs. A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainwright.

An ?indigent defendant? is someone who has been arrested or charged with a crime punishable by imprisonment and who lacks sufficient resources to hire a lawyer without suffering undue hardship.

(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Subchapter.

One without sufficient income to afford a lawyer for defense in a criminal case. If the court finds a person is an indigent, the court must appoint a public defender or other attorney to represent him/her.

A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainwright.

Indigent status can be determined by the judge, public defender's office, or the clerk of the court. Factors taken into consideration include federal poverty guidelines3 and the financial status of the juvenile or, in most cases, the financial status of the juvenile's parents.

In a court case in North Carolina, any person may ask to be granted status as an indigent, or low- income person. An indigent person does not have to pay sheriff's fees or court filing fees. To make the request, a person must file a court form.

For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.

The following items must be submitted to the Clerk of Court: (i) complaint; (ii) summons; (iii) cover sheet; and (iv) filing fee. Venue is prescribed by statute. In civil actions, venue is typically the county in which the plaintiff or defendant resides.

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Charlotte North Carolina Petition to Sue - Appeal as an Indigent