North Carolina Small Claims Forms

North Carolina Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about North Carolina Small Claims Forms

  • What can you not sue for in small claims court?

    While small claims court is designed for resolving various disputes, there are limitations to what you can sue for. Personal injury claims and disputes over amounts larger than the jurisdiction limit are not typically accepted. Additionally, cases involving divorce or family law issues are generally outside small claims matters. Understanding these limits is crucial when you consider your options and fill out North Carolina Small Claims Forms.

  • How often do tenants win in small claims court?

    The success rate for tenants in small claims court can vary significantly based on the evidence and circumstances of each case. Tenants who come prepared with solid documentation and use North Carolina Small Claims Forms effectively often stand a better chance of winning. Additionally, factors like clear communication and adherence to legal procedures play a crucial role. Understanding your rights and preparing well is essential for your case.

  • Who pays lawyer fees in small claims court?

    As a general rule, each party in small claims court pays their own lawyer fees. This can be a significant consideration if you choose to enlist legal help while completing North Carolina Small Claims Forms. It’s vital to weigh the potential benefits of representation against the costs you may incur. Remember that clarity and preparation can also help reduce the need for a lawyer.

  • Is it worth it to get a lawyer for small claims?

    Deciding whether to hire a lawyer for small claims cases often depends on the complexity of your situation. If you feel confident in navigating North Carolina Small Claims Forms and understand your case, representation may not be necessary. However, a lawyer can provide valuable insights and enhance your chances of success, particularly if you face a difficult opponent. Evaluate your circumstances before making this important decision.

  • Who pays attorney fees in small claims court?

    In small claims court, each party usually pays for their own attorney fees, unless the judge decides otherwise. Many individuals choose to represent themselves, filling out North Carolina Small Claims Forms without legal assistance. However, if you have a valid claim that becomes complex, an attorney may help you navigate the process effectively. Ultimately, being informed about your options is key to managing costs.

  • Who pays court fees in a lawsuit?

    In a lawsuit, the party that loses typically pays the court fees. However, sometimes the court may order the winning party to recover these costs. When you file claims using North Carolina Small Claims Forms, you need to consider these fees as part of your overall budget. It's important to be prepared for all costs associated with your claim.

  • Can I file a lawsuit without a lawyer in NC?

    Yes, you can absolutely file a lawsuit without a lawyer in North Carolina. Many residents successfully handle their own cases in small claims court. The crucial step is to complete the appropriate North Carolina Small Claims Forms and understand the procedures. Resources like uslegalforms can provide valuable guidance to help you navigate the process effectively.

  • Is it worth suing someone for $500?

    Suing someone for $500 can be worth it, but consider the costs involved. The legal fees, time, and effort may exceed the amount you hope to recover. Assess the situation carefully, including whether you believe you can collect if you win. Using the right North Carolina Small Claims Forms can streamline the process and make it more manageable.

  • What is the maximum amount you can sue for in civil court in NC?

    The maximum amount you can sue for in civil court in North Carolina varies depending on the court. For civil cases in district court, the limit is $25,000. However, small claims court only allows claims up to $10,000. It’s important to assess your situation carefully and choose the proper North Carolina Small Claims Forms for your case.

  • How to start a lawsuit without an attorney?

    Starting a lawsuit without an attorney is definitely possible. You will need to gather the necessary North Carolina Small Claims Forms, which you can easily find online. Next, ensure your claim falls within the small claims limits and prepare your documents carefully. After you complete the forms, submit them to your local small claims court to officially start your lawsuit.