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.
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 by certified mail, these forms can be posted on your home.
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.
**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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