A Guide to Small Claims Court
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Chapter 3 - If You Are the Defendant - What to Expect
If you are being sued, you will get a copy of the summons and a copy
of the complaint from the sheriff or by registered or certified mail.
Read both sides of the complaint and summons carefully. These court
papers will tell you what the case is about and when you have to be
in court. Except in cases involving evictions, you should have
received your court papers at least five days
before the hearing date on the summons. If you do not, then
the magistrate should set the hearing for another date in the
future. You may call the magistrate ahead of time about this
and ask for a later court date. If you are unable to speak
with the magistrate or the magistrate will not give you another
court date, then you should still go to the hearing at the date and
time set out in the summons. At the hearing, you can ask the
magistrate for a new hearing date for this reason.
If you think you will need a lawyer's help to defend your case, talk
to one right away. Don't wait until the last minute to contact a lawyer. This is especially important if a landlord is trying to evict you.
If you are a tenant, there are several ways you can be notified of a
proposed eviction. Besides receiving a complaint and summons from the
sheriff or receiving them by certified mail, these forms can be posted on your home.
The sheriff is required to do these things at least two
days before the hearing. Legal papers posted on your door are important! Pay attention to them
and see a lawyer or decide immediately what you are going to do.
You may, if you wish, mail a formal answer to the clerk of court about
the complaint or take this written answer to court. But you can also
just wait and tell your side of the story at the trial.
You may have a complaint against the person who is suing you. If you
want to file what's called a counterclaim, you will probably need to
contact a lawyer. For more on
counterclaims, see the
Appendix.
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**Copyright May 1990, April 1994, February 1997, March 1998, June 2001,
November 2003, October 2005, Legal Aid of North Carolina, Inc.**
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