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If your lawsuit is for more than $200, the filing fee is $26, plus $12 for each person or business you are suing. If your lawsuit is for $200 or less, the filing fee is $21, plus $12 for each person or business you are suing. If you win the judgment will include your filing service fees.
Small claims court handles disputes involving less than $10,000 in cash or property. You dont need to hire an attorney and your case will usually be heard within one month of filing your lawsuit.
Notice of appeal must be given orally in open court, or within 14 days of entry of the judgment, and notice must be served on the state. See North Carolina Rules of Appellate Procedure, Rule 4(a); G.S. 15A-1448(b).
If your lawsuit is for more than $200, the filing fee is $26, plus $12 for each person or business you are suing. If your lawsuit is for $200 or less, the filing fee is $21, plus $12 for each person or business you are suing. If you win the judgment will include your filing service fees.
I often get asked whether a lawyer is necessary in small claims court. The short answer to this is no. Both individuals and businesses can represent themselves in small claims court in North Carolina. However, there are a number of benefits to having a lawyer represent you in small claims court.
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In North Carolina, the statute of limitations for small claims is typically three years, but that can change depending on the specifics of your case. A small claims attorney can help provide insight on the statute of limitations for your case and make sure everything is filed well in advance of the deadline.
A defendant who wants to defend all or part of a claim must file a defence with the court on form N9B. The form must be filed at court and sent to all parties to the court proceedings. It can be filed at court by posting, by hand delivery, or by completion of the defence form through the money claims online portal.
A filing fee of $96. If you are unable to afford the fee, you can ask to file your case as an indigent by using this form.
The small claims division of a district court has the power to hear civil cases in which a party (the plaintiff) is seeking a money amount up to $5,000. This court also hears cases where the plaintiff is seeking return of personal property valued up to $5,000.
Although generally only fixed costs are allowed in small claims, there are three ways to argue that costs should be awarded: unreasonable conduct, contractual costs and statutory costs.