Small claims are civil cases in which individuals can sue for damages up to a certain dollar amount. This amount varies by state but is typically between $2,500 and $10,000. In some states, the limit is as high as $20,000. To file a small claim, you must fill out a form called a complaint and file it with the clerk of the small claims court in your county.
What is a Small Claims Court?
Small Claims Court is a division of the district court system in North Carolina. There is no jury in small claims court. Instead, the case is decided by a judge, who is typically a magistrate. The maximum amount of money that can be requested in a small claims case in North Carolina varies by county but ranges between $5,000 and $10,000.
What is the Purpose of a Small Claims Court?
The purpose of the Small Claims Court is to provide individuals with a quick and inexpensive way to resolve disputes. Small Claims Court is designed to hear cases involving relatively small amounts of money.
How do I file a Small Claims Court Case?
You must file your case in the county where the defendant (the person you are suing) lives or has a business. You may file your case in the county where the cause of action occurred (the county where the event happened that led to your lawsuit), but you must first determine if the defendant lives or does business in that county. If the defendant does not live or have a business in the county where the cause of action occurred, you must file your case in the county where the defendant lives or has a business.
To file a small claims case, you must go to the clerk of court’s office in the county where you will be filing your case. The clerk will give you the forms you need to fill out and file.
How Much Does it Cost to File a Small Claims Court Case?
The filing fee for a Small Claims Court case may vary by county but is generally $96.
What is the process for a Small Claims Court case?
The process for a Small Claims Court case is as follows:
- File your case with the clerk of court.
- The clerk will give you a case number and a hearing date.
- You must give a copy of the complaint and notice of the hearing date to the defendant.
- On the hearing date, you and the defendant will appear before the magistrate and present your case.
- The magistrate will make a decision and issue a judgment.
- If the judgment is in your favor, the magistrate will order the defendant to pay you the amount of money you are owed.
- If the defendant does not pay you, you may take steps to collect the judgment, such as garnishing the defendant’s wages or putting a lien on the defendant’s property.
What if I Disagree with the Magistrate’s Decision?
If you do not agree with the magistrate’s decision, you may file an appeal with the district court. You must file your appeal within 30 days of the date of the magistrate’s decision.
What are the Benefits of Small Claims Court?
The benefits of Small Claims Court include the following:
- It is generally quicker and less expensive than other court processes.
- It is less formal than other court processes, which means that you do not need an attorney.
- You can represent yourself in Small Claims Court.
- The process is generally simpler and more straightforward than other court processes.
Should You Hire a Small Claims Lawyer?
When it comes to small claims court, many people assume that because they are not required to have a lawyer, they do not need one. This could not be further from the truth. Having a small claims lawyer in North Carolina can be extremely beneficial. Here’s why:
- A small claims lawyer can help you navigate the court system. If you’ve never been to a small claims court before, the process can be confusing and intimidating. A small claims lawyer can help you understand what to expect and how to best present your case.
- A small claims lawyer can help you save time. If you try to handle your small claims case on your own, you could end up spending a lot of time preparing your case, appearing in court, and so on. A small claims lawyer can handle all of this for you so that you can focus on other things.
- A small claims lawyer can give you peace of mind. When you have a lawyer on your side, you can rest assured knowing that someone is looking out for your best interests. This can be a huge load off of your shoulders, especially if you’re already dealing with a lot of stress.
Get the Legal Help You Need
Looking for a small claims lawyer in North Carolina? Look no further than GPS Law Group. We are the best choice for small claims lawyers in the state and are ready to help you with your case. We have experience handling a variety of small claims cases and know how to get the results you need. Call us at (704) 549-1950 or use our online contact form to send a message and set up a consultation, and let us help you get the compensation you deserve.
GPS Law Group serves Charlotte, North Carolina, and the surrounding communities.