A Guide to Small Claims Court
Table of Contents
Introduction
Chapter 1.
What Is Small Claims Court?
Chapter 2.
If You Are the Plaintiff - How to File Your Claim
Chapter 3.
If You Are the Defendant - What to Expect
Chapter 4.
How to Prepare for Trial
Chapter 5.
The Small Claims Court Trial
Chapter 6.
After the Trial
Chapter 7. Appeals to District
Court
Appendix
INTRODUCTION
Anyone 18 or over has the right to start a lawsuit in the North Carolina
court system. If the lawsuit is for a claim of $5,000 or less, it can
be brought into Small Claims Court, which is available in every county.
A person usually does not need a lawyer in Small Claims Court, whether
that person is bringing the suit or defending against the suit. In some
cases, though, you might need a lawyer, especially involving possible
eviction by a landlord.
This booklet is a guide to help you handle your own case in Small Claims
Court. It tells you how to fill out the right forms, prepare for trial,
handle the trial, and follow through on the judge's decision. This booklet
discusses the main situations that arise. An appendix at the end includes
more details on certain issues, including where to go for more help.
Legal Aid of North Carolina, Inc. has prepared this booklet as a public
service. Legal Aid of North Carolina is a statewide, nonprofit law firm
that provides free legal services in civil matters to low-income people
in North Carolina, so that they will have equal access to justice and
to economic opportunity. However, there still is not enough funding
to provide legal services for all the needs of poor people in North
Carolina. Hopefully this booklet can help some of those seeking Legal Aid of North Carolina to help themselves.
For more information, please contact the
Legal Aid of North Carolina office in your area [Click
here to view list of offices.].
This booklet applies to statutes and forms current as of September 2005.
Since laws apply differently in different situations and may change
from time to time, you should consult a lawyer for special advice on
your case. Some counties may still be using old forms, which differ
from some of the ones in this booklet; or may be using an earlier version
of this booklet.
This booklet should be available in every county, at the office of the
Clerk of Superior Court. Be aware, however, that the people who work
in these offices cannot help you fill out any forms or give any legal
advice. It is against the law for them to do this.
We appreciate the help of the following attorneys, all familiar with
Small Claims Court: Rob Schofield and Bill Rowe of the NC Justice &
Community Development Center, and Celia Pistols of Legal Aid of North
Carolina. They reviewed this version of the booklet to assure publication
of the most current information.
Special thanks go to the Administrative Office of the Courts and its
director, whose support made possible the distribution of this booklet
to the offices of the Clerk of Superior Court throughout the state.
William Finger, former Legal Services of NC Public Affairs Coordinator,
and Carol Spruill, former Legal Services of NC Deputy Director, co-authored
the first version of this booklet in 1990. Graphic design by Carol Majors
of Publications Unlimited. Copyright May 1990, April 1994, February
1997, March 1998, June 2001, November 2003, Legal Aid of North Carolina,
Inc.
Appendix |
Table of Contents | Next Chapter
Disclaimer
The materials contained on this website are for information and educational
purposes only and do not constitute legal advice. Please contact your
Legal Aid of North Carolina office or a private attorney if you need to speak to
an attorney regarding your particular situation. See our complete
disclaimer.
Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.