What is the process of submitting a complaint in a small claims court case?
Submitting a complaint in a small claims court case in North Carolina is a multi-step process. First, the person filing the complaint—known as the plaintiff—must fill out a form known as a “Complaint and Order for Service” and submit it to the small claims court in the county of intended litigation. This form will include the plaintiff’s name, address, and contact information, as well as the name, address, and contact information of the defendant. Once the Complaint and Order for Service form is filed, a hearing date will be set and the defendant will be notified of the upcoming hearing. The plaintiff must provide evidence that the defendant has been properly notified of the hearing, such as a verification of mailing or an affidavit of service. At the hearing, the plaintiff must provide the court with evidence to support their claim and the defendant will have the opportunity to refute the evidence presented. If the defendant does not show up to the hearing, the plaintiff may be able to receive a default judgment in their favor. At the end of the hearing, the court may decide the outcome of the case or may take the time to review the evidence before making a decision. The small claims court may decide to award damages to the plaintiff or order the defendant to take certain actions, such as return a security deposit or pay back the loan in agreed-upon payments.
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