What is the process of obtaining a judgment in a small claims court case?
The process of obtaining a judgment in a small claims court case in North Carolina starts with filing a complaint. The complaint should include the names of the parties involved, a brief statement of the facts and law stating why the plaintiff believes they are entitled to a judgment, and the desired outcome. The complaint must then be served to the defendant. Once the defendant has been served, they have 30 days to file an answer with the court. The answer should state whether the defendant agrees or disagrees with the allegations in the complaint, and should include any counterclaims they are making against the plaintiff. Once all the papers have been submitted, the court will set a court date and notify the parties. During the hearing, each side will present evidence, testimony, and arguments in support of their case. After the court has heard both sides, the judge will issue a judgment. Depending on the outcome of the case, the court can order the defendant to pay the plaintiff a certain amount of money, or order that the parties take specific actions. It is important to note that the person who is ordered to do something in the judgment must comply with the order or risk being held in contempt of court.
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