Charlotte North Carolina Petition to Sue as an Indigent

State:
North Carolina
City:
Charlotte
Control #:
NC-32-WC
Format:
PDF
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Description

This is one of the official workers' compensation forms for the the state of North Carolina

How to fill out North Carolina Petition To Sue As An Indigent?

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FAQ

A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainwright.

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.

This form tells the court you cannot afford the fees related to your case. If the clerk or a judge approves the form, you will not have to pay.

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.

If you cannot afford the fees for filing your Complaint for Divorce, you can ask the Court to let you file for free. In order to make that request, you must file a ?Petition to Proceed as an Indigent.? If approved, you will not have to pay the filing fee to the Clerk or service of process fee to the sheriff.

Legally, you can sue someone for any amount in court. The only criteria which has to be met, is that there is a valid cause of action. This refers to issues such as an unpaid debt. If you lent someone $150, and they never paid you back, you can legally sue them and take them to small claims court.

In a court case in North Carolina, any person may ask to be granted status as an indigent, or low- income person. An indigent person does not have to pay sheriff's fees or court filing fees. To make the request, a person must file a court form.

Small claims court handles disputes involving less than $10,000 in cash or property. You don't need to hire an attorney and your case will usually be heard within one month of filing your lawsuit.

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.

Primary tabs. A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainwright.

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Charlotte North Carolina Petition to Sue as an Indigent