Replevin Form Document Format In North Carolina
Description
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FAQ
The District Court division handles civil cases involving a claim for $25,000 or less, all family and juvenile cases, misdemeanor criminal cases, and infractions such as traffic tickets. Who are the “plaintiff” and “defendant”?
The process of starting a replevin action usually begins with filing a complaint. It also requires filing an affidavit in the county or district court where the property is. The affidavit: States that the plaintiff claims rightful ownership or entitlement to possession of the property.
North Carolina's civil statute of limitations laws give a three-year time limit for personal injuries, fraud, and many other causes of action but only a one-year limit for defamation.
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.
Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day.
After judgment is given in Small Claims Court, both the plaintiff and the defendant have the right to appeal the Magistrate's decision. An appeal allows either side to get a new trial in District Court.
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.
Generally, the answer is no (at least not for an extension of time). The only motions that need to be notarized are verified motions, such as summary judgment.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
