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AS of August 1, 2013 $10,000 LIMIT

Amends GS 7A-210 to increase the amount-in-controversy threshold for a

Small claim action to $10,000 (was $5,000). Updated 06/16/2015



North Carolina’s Small Claims Court is used to help people solve disputes over small amounts of money or personal property quickly, easily, and without a lawyer. These courts handle disputes involving no more than $10,000 in cash or property.

( WHO CAN USE SMALL CLAIMS COURT

Any person 18 years or older and competent may sue or be sued in Small Claims Court. A person under 18 years of age can have a claim filed by a guardian or guardian ad litem who has been appointed by a Clerk of Court. A guardian must be 18 years old and can be a parent, relative or friend. If the person you wish to sue is under 18 or mentally incompetent, you should ask a lawyer for help.

( HOW TO GET YOUR CASE TO COURT

You must file your suit in the county where the defendant lives, or if the defendant is a business, where it does business.

Please read these instructions carefully before completing the forms and filing them with the Clerk. Be sure to check your defendant’s address, verifying that they, or at least one of the defendants is a resident of Harnett County –if one defendant lives in another county, we will process forms, but you will need to take the paperwork to the Sheriff of the other county for service thus alleviating filing an additional suit in that other county. If you file the suit with us first and then later discover they live out of Harnett County, your filing fee is non-refundable.

If the defendant is a corporation, you must use the correct name of the corporation on all court documents. You will need to know its full corporate name, and the name and address of its registered agent. Corporations doing business in North Carolina are required to register with the Secretary of State’s Office in Raleigh. You can visit the Secretary of State’s website at to look for information about corporations, or call their office at 919-807-2000.

If the defendant is a business but not a corporation, you must name the owner (or owners) as the defendant. Anyone who does business under a name other than their own name must register the “assumed name” with the Register of Deeds in each county where they do business.

( THE COMPLAINT

(Filing fee as of 7/1/2011 $96 – if you win the case, filing fee will be added to the total amount of money awarded by magistrate)

One of the forms you will need to complete and sign is called the “COMPLAINT”. It tells who is being sued and why. The person suing is called the PLAINTIFF and the person being sued is called the DEFENDANT. Your complaint should say who you are suing, in what county the defendant lives or does business, what the defendant owes you, and why. You should end your complaint by explaining what you want the court to do for you.

The Clerk’s office has forms for several types of common complaints, but remember that the complaint form you get from the Clerk is just a guide. Make sure your complaint states the facts of your case. The Clerk of Superior Court and the assistant clerks cannot practice law or give you legal advice, so don’t ask them to draft your complaint.

( THE SUMMONS

(Service fee as of 8/2/2011 $30 each def.)

The next form to be completed is called the “MAGISTRATES SUMMONS”. It provides the information telling the defendant that they must be in small claims court at the appointed time. The Complaint and Summons can be served by Sheriff or you can send these papers by certified mail. If you send by certified mail, you must send them “return receipt request” and you must file the receipt along with Affidavit of Service with Clerk’s office before the court date. The Clerk will set the date, time of the trial, and fill it in on the summons for you. Cases are set for trial as follows:

□ Complaint for Summary Ejectment (Eviction) ** New Legislation changing days for service and trial. Summons must be served at least 2 days before hearing date

□ Complaint for Money Owed - Possession of Personal Property – may be scheduled less than 5 days after service of summons.

• Please note: If you are filing a Complaint for Summary Ejectment and ASKING Money Owed, the defendant must be SERVED IN PERSON. The law will not allow a Magistrate to give a judgment on the money owed if the Sheriff has not served the defendant personally.

• If the Sheriff is unable to locate the person and serve them personally the documents will be served

by ‘POSTING ON THE PROPERTY”. The Magistrate will then be able to give you a

‘SUMMARY EJECTMENT’ judgment without a money judgment.

( NUMBER OF EACH FORM REQUIRED BY THE CLERK

Forms can be downloaded from under Forms using the AOC Form# provided:

• Complaint for Money Owed (AOC-CVM-200)– complete one set per defendant. One

white “Magistrate Summons” (AOC-CVM-100) and one yellow “Magistrate

Summons” per defendant.

• Complaint to Recover Possession or Personal Property (AOC-CVM-202) – same forms

as for Money Owed.

• Complaint Summary Ejectment (AOC-CVM-201) – complete one set per defendant. One

white “Magistrate Summons” and two yellow “Magistrate Summons” per defendant and

a STAMPED ENVELOPE ADDRESSED TO THE DEFENDANT(S).

• Complaint to Recover Personal Property Held for Lien and to Determine Amt of Lien (AOC-CVM-900M) – read reverse side of complaint for instructions

• Complaint to Enforce Possessory Lien on Motor Vehicle (AOC-CVM-203) read

reverse side of complaint for instructions

• Effective 5/19/15 - SERVICEMEMBERS CIVIL RELIEF ACT AFFIDAVIT - affidavit shall be filed in all civil actions by the moving party as an attachment to any complaint, counterclaim or motion to modify in domestic cases. The form is available in the Clerk’s office and on under local rules of Harnett County.

After filing, paperwork is processed and sent to Sheriff. You are responsible for calling the Clerk’s Office to check on service of your paperwork – (910-814-4632) IF YOU ARE FILING BY MAIL – SEND A SELF-ADDRESSED STAMPED ENVELOPE TO RECEIVE YOUR COPY OF PAPERWORK & RECEIPT.

We accept cash and *money orders. We will accept local checks, but the Clerk or an Assistant Clerk must first approve them. *(Money orders – payable to Clerk of Superior Court)

( SETTLING OUT OF COURT

If you and the person you have sued are able to settle the dispute before trial, inform the Clerk’s office or the magistrate that you have settled the case. The suit will then be dismissed. However, the Clerk’s office will not refund your filing and summons fees, so you should consider these fees when deciding upon the amount of the settlement.

THE TRIAL – The magistrate will decide the case after hearing your evidence and any witnesses you offer. The decision may be announced immediately but the magistrate can also take up to 10 days to consider the case. Neither side may present more evidence during that ten-day period.

AFTER THE TRIAL - If the decision is in your favor and the defendant has not complied with the judgment within 10 days after the magistrate signed it, you may initiate the collection process.

If the defendant is a corporation, you will pay the fee for issuing a Writ of Execution (fee $25) along with sheriff service fee ($30) directing the sheriff to seize and sell some of the defendant’s property in order to satisfy the judgment.

If the defendant is an individual rather than a corporation, you must take additional steps before the clerk can issue the Writ of Execution.

Receiving a money judgment doesn’t always mean you will receive payment immediately. If the person owns property, and no Appeal has been filed 10 days from entry of judgment, you may be able to collect by using the execution process which is available to you after Notice of Rights is served & 20 days has passed. Notice of Rights to Have Exemptions Designated is issued and served by the Sheriff $30 or by certified mail, return receipt requested. Judgments remain on record for 10 years and are renewal for another ten. Any costs you pay out during the execution process are added to the judgment.

( WHAT TO DO WHEN SOMEONE SUES YOU

• Read the complaint against you and the summons carefully, so you will know what the case is about and when you must appear in court. If you think you can handle it by yourself, begin to prepare at once. If not, consult a lawyer immediately.

• If someone is suing to collect a debt you owe, you can offer to pay the debt or arrange some way to settle the case before trial. If you settle before trial, make sure the person suing you informs the magistrate so that the case will be dismissed.

• You may respond to the complaint and present your side of the story in writing by filing an answer (no fee) with the clerk before the trial. You do not have to file an answer, but the answer may help the magistrate understand your case. Even if you do file an answer, you must go to court at the time of trial. You may bring other witnesses or have them subpoenaed if they will not come voluntarily.

• In some cases, each side will have claims against the other side. In these cases, you can file a counterclaim-(Fee is $96). For example, a landlord may sue a tenant for unpaid rent and money for property damage, and the tenant may counterclaim for the return of a security deposit. If you have a claim of no more than $10,000 against the person who sues you, you may file a counterclaim as part of your written answer.

• It is very important that you and your witnesses appear for trial on time. If you do not appear, the magistrate may hear the case without you. If you are not able to be there at the scheduled time, contact the magistrate and ask for a continuance immediately.

( APPEAL (AOC-CVM-303)

After your magistrate’s hearing, if you disagree with the Magistrate’s decision, you may appeal to the Civil District Court, where a District Court Judge will re-hear your case. You must give Notice of Appeal within 10 days of the entry of judgment. There is an appeal form available in the Clerk’s Office for you to use in giving Notice of Appeal (AOC-CVM-303). Summary Ejectment judgments which are appealed may require additional costs such as rent bond and pro-rated rent AOC-CVM-304 to which you must pay when perfecting your appeal unless you are indigent. AOC- G-106 Petition to Sue as an Indigent (consult Clerk regarding qualifications for indigency)

The Appeal fee is $150 payable within 20 days of the filing of the magistrate’s judgment. The Notice of Appeal must be served on the other party(s).

“A Corporation must be represented in District Court by a licensed attorney pursuant to N.C.G.S § 84-5.”

HEARINGS ** All Small Claims hearings are heard in the Magistrate’s Office in the NEW COURTHOUSE Hours of operation 8:30 am – 5:00 pm – Mon-Fri Small Claims Civil Division - 910-814-4632

Our New mailing address: HARNETT COUNTY CLERK OF SUPERIOR COURT

301 W. Cornelius Harnett Blvd, Suite 100

Lillington, N.C. 27546

** HEARING DAYS ARE SET FOR ONLY TUES-WED-THURS**

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A power of attorney cannot and does not grant a non-attorney the authority to represent another in litigation, including litigation in District Court. NCGS 84-2.1 & 4

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