How do I locate a defendant in a small claims court case?
When someone has been sued in North Carolina Small Claims Court, they must be located in order for the case to be heard. If the defendant is located out of state, the case may need to be heard in a different court. The best way to find a defendant in a Small Claims Court case is to file a subpoena with the Clerk of Court. This document requires the defendant to appear in court, or to submit necessary information to the court. The Clerk will then attempt to locate the defendant through a variety of methods, including mail, phone, e-mail, and other sources. If the defendant is located in North Carolina, the Plaintiff can request public records searches, look in property tax rolls, or search county court and other government websites. These searches can provide an address or contact information for the defendant. If the defendant is not located in North Carolina, the Plaintiff can search public records for other states or use a professional genealogical research service. These services can access public records to locate individuals anywhere in the United States. Once the defendant has been located, the Plaintiff can proceed with the Small Claims Court case. In North Carolina, a Plaintiff may also use a process server, which is a professional licensed to serve legal papers, in order to deliver the paperwork to the defendant. However, this can be an expensive option.
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