How do I file a claim in small claims court?
To file a claim in small claims court in North Carolina, the first step is to check the filing requirements. The state’s Small Claims Court should be able to provide guidance on what paperwork needs to be filled out. Generally, the paperwork should include information on the dispute, the defendant, and the desired compensation. The claimant (the person bringing the claim) needs to fill out a Complaint Form, a Civil Summons Form, and a Dispossessory Affidavit (if any). Additionally, in most cases, a copy of the claim must be served to the defendant. Next, the filled-out paperwork must be filed with the clerk of court in the county where the defendant lives or the county where the dispute occurred. The clerk will review the forms, collect a filing fee, and provide a case number. Finally, if the claimant has decided to hire a lawyer, they can seek legal guidance on what steps to take next. However, if the claimant decides to move forward without legal counsel, they must follow up with the court to ensure the defendant is properly served. The court usually assigns a hearing date, and if the defendant doesn’t appear, the hearing may be cancelled. In short, to file a claim in small claims court in North Carolina, the claimant must check the filing requirements, fill out the necessary paperwork, file the forms with the correct court, and possibly serve the defendant. If the claimant hires a lawyer, they can seek their advice on the process. If not, the claimant must follow up with the court to ensure the defendant is served properly.
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