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North Carolina Small Claims Court

Small Claims Guide
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Statues: General Statutes of North Carolina, Ch. 7A, Sections 210-232; Ch. 42, Sections 26-36:2.

Dollar Limit:: $4,000 until October 1, 2004 when it increases to $5,000. Where To Sue: Where defendant resides. Corporation resides where it has place of business.

Service: Certified or registered mail, sheriff or court- approved adult. For evictions, sheriff may use ordinary first-class mail and then telephone or visit to arrange time to personally serve.

Hearing Date: Within 30 days of filing claim.

Attorneys: Allowed.

Transfer: No provision unless question of land title.

Appeals: By either side for new trial; to District Court within 10 days; jury trial allowed if request within 10 days of appeal's notice.

Special Provisions: No equitable relief except enforcement of liens. No counterclaims allowed in Small Claims unless within the dollar limit.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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