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A small claims case is filed in the clerk of superior court's office in the appropriate county. The forms may be printed and completed in advance, or the clerk of superior court can provide you with the forms.
The following items must be submitted to the Clerk of Court: (i) complaint; (ii) summons; (iii) cover sheet; and (iv) filing fee. Venue is prescribed by statute. In civil actions, venue is typically the county in which the plaintiff or defendant resides.
To file a complaint, a document is prepared by a civil litigation attorney to spell out the facts and define the legal remedies being sought. If the Plaintiff is seeking more than $25,000, the case will usually be filed in Superior Court.
The Costs of Small Claims Court Suing someone in Small Claims Court costs money. For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
Court Fees Filing a civil action (includes a $52.00 administrative fee) The administrative fee does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C § 1915.$402.00Central Violations Bureau Processing Fee$30.00Certification of any document or page$11.0020 more rows ?
North Carolina's civil statute of limitations laws provide a three-year time limit for personal injuries, fraud, and many other causes of action, but just a one-year limit for defamation.
If you choose to represent yourself, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.