PAGE 2 . i
Magi
Often called "the small claims
court," the Magistrate's Court is
a part of the state's District Court
' system. These courts have been
made easily available. One is
loealed In every county seal in
North Carolina, and in each large
city. '
An average citizen can settle a
small claim quickly, simply and
inexpensively, in this court. You
don't need to hire a lawyer to
represent you in the Magistrate's
Court, although you may if you
questions and procedures, and as
a general rule you can bring a
controversy to the courts only
once. It's up to you to decide
whether you need an e?feert's
assistance. If in doubt, a short
conference with a lawyer may be
worthwhile. f
The actual hearing is relatively
informal. It will often take place
in an office, instead of a
courtroom. A local resident will
be conducting the trial, and will
be as helpful as possible.
Howeverr~the-inagistrate is 3l
judicial-official, whose decisions
have the same force and effect as
the rulings of any other court. A
disagreement can be resolved
here with finality by the State's
Ji
auuiuruy;
PROBLEMS YOU CAN
TAKE TO THIS COURT
The amount of money or the
value of property involved* in a
Magistrate's Court case cannot
exceed $300. If the value of your
claim exceeds that amount,:and
you do not consider the sum over
$300 to be important, you may
reduce the amount of your claim
to $300. However, if you choose to
do this, you forfeit any right you
may have to the amount over
$300. ?
Manv tvnps of rnmnlnintc mav
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be taken to the Magistrate's
Court. Most cases involve a claim
that money is owed to the person
who sues. Many cases are filed <
when a landlord tries to evict a <
tenant who has not paid the rent, j
A large number are brought by 1
business operators who wish to
have . a customer's debt '
established and recorded )
officially. <
Few suits are brought by <
persons seeking money from i
companies, but these cgurts can i
M be used for that Duroose. For
example, you can sue in the j
Magistrate's Court if a cleaner
damages your clothing and
refuses to pay for it. If an
appliance shop does unauthorized
work on your television set, then
will not return it unless you pay,
for the unauthorized work, you
may sue to get your television
set.
Suppose youf landlord unjustly
refuses to return your security
deposit^ after you move; \
furnace repair may not have
been completed as promised, and
you want to recover a part of the
amount you paid in advance. An
automobile service shop may
have broken your car window
while fixing a door anrf th* a\u\r\
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refuses to assume responsibility
for the damage it did. Someone
rtiay have dented the fender of
your car, and refuses to pay the
$50 damages. The use of an
improper part in a refrigerator
repair may have been the reason
you later had to pay a large bill
for additiona^pepairs by another
company, and the original
serviceman refuses to pay for the
damage "Caused by his
carelessness. All these nrnhlpms
can be taken into the
Magistrate's Court to be
resolved.
If someone causes physical
injury to another person, such as
?n an automobile accident, the
Magistrate's Court may be used
to obtain a judgment for the
damages. However, most injured
persons will not know the amount
which could properly be claimed
for such injuries. And, because
expert advicv is usually
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istrates
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necessary to decide the amount
of damages to be claimed, the
Magistrate's Court is not often
used in cases involving physical
injuries.
" WHO CAN SUE
AND BE SUED
Persons 18 years old and over
may bring or defend their own
fHtsfrs in thft Magistrate's Cnurt.
A person under 18 can have a
claim filed by a parent, relative,
or frrend wfoo is 18 years old or
over and has been appointed by
the court.
You can sue any pereon or
company in North Carolina who
has damaged you or your
property, owes you money, or has
personal property you claim as
yours. However, if the person you
wish to sue is undeV 18 years of
age, or is under any legal
disability, such as mental
incompetence, you should ask a
lawyer for assistance.
As a general rule, the company
or person sued must be located in
North Carblina, in the county
where the.Jawsuit is Tiled.
GETTING YOUR CASE TCP
COURT
A
Procedures for bringing suit are
simple. Here's what you do:
1. File a written "complaint"
with the "clerk of Superior Court
at the courthouse in the county
where at feast one of the people
you are suing lives. If you are
suing a store, you must file your
complaint in the county in which
the store is located.
2. Cdll the clerk's office in the
county- courthouse to find out
when it is open and . where it's
located. If you can't go during
office hours yourself, someone
else can pfck up the necessary
forms and make arrangements to
| - *
oegin the lawsuit.
3. At the office of the clerk of
Superior Court, ask to see the
clerk in charge of Magistrate's
Court records. This person will _
give you forms to fill out. Read
the instructions carefully.
4. You will have to fill out the
'complaint," which states the
reason you are suing, the amount '
>f money involved, or description
)f the exact articles you wish to
'ecover. Each person being sued
>ets a copy of the complaint.
There are different forms for
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VINSTON-SALEM CHRONICLE
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Court
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different types of claims, and the
examples shown in this booklet
will give you an idea of what is
normally used. If thef examples
do not suit your needs, you may
create your own ''complaint.'' If
you do, you should be careful to
give notice of what your claim is
about, and be sure to include the
usual information you find
contained in the examples.
5. Be sure you state correctly
on the complaint the full name and
address of each person you
are suing. If you are, suing -v
"business, you should krjow it if is
a corporation. If it is< you must
sue it by using its correct
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name the owner or owners of the
business^ Information
as to the correct
name, or names of owners, is
usually available from the
company itself or from records in
the courthouse. Property tax
listing records, the index to
judgments, and other sources can
supply such information. If you
have trouble, ask. for help in the
clerk's office.
6. You must pay the clerk a
filing fee of $7.00. If you win the
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into the total amount of money
awarded to you in the judgement.
7? The clerk will help you set
the date and time for the trial.
The date will be no later than 30
days from the time you file your
complaint.
8. One of the forms the. clerk
will give you is a "summons."
This is a notice to the person you
are suing to appear in the
Magistrate's Court at the
appointed time. Due process of
rece^^^^notkef ^and* an
opportunity to prepare for trial.
Service of the notice upon the
defendants can be by the clerk
mailing the DaDers (certified
mail, return receipt requested)
or by getting the sheriff's office to
deliver the papers. If mailing is
chosen, the current .charge of the
Postal Service must be given to.
the Clerk Of Court, and the words
"Service by mail requested"
must be written on the complaint.
If service by the sheriff's office
is chosen, for each person being
sued you must take a summons, a
copy of the complaint, and a fee
of $2.00 to the county sheriff's
office. The sheriff must deliver
the summons to the person you're
3 Specials
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suing, or leave It with a
responsible person at the home,
or the case cannot be heard in
court If the sheriff returns the
summons and says the person
cannot be found, you may issue
another summons if you obtain
information which would allow.
-the sheriff to deliver the required
notice. One of the examples in
this booklet shows the form used
for a second summons.
HOW TO PREPARE FOR THE
'P'wyATt in ? - ' - '
Knowing what to expect can
often be useful and comforting. If
possible, visit the Magistrate's
Coyrt as an observer. The clerk's
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where the magistrate will be
hearing cases, and may be able to
tell you when a case similar Ito
yours is scheduled.
Try to get together all evidence
which might help you. Look
carefully at contracts, sales
tickets, receipts, photographs,
and anything which might show
the magistrate something you
wish to prove.
" ITthere are perrons who have
observed events that ledtothe
lawsuit, and their statements can
help you prove xour claim,' you
should try to get them to the trial.
You will need to tell your
witnesses the' date,. time and
place, and later remind them.
Sometimes a person who could
be a witness for your side will
refuse to testify. Some people do
not want to get involved. Some
can't - leave their . job
conveniently, or voluntarily. You
can get a "subpoena" from the
clerk of Superior Court. This is!an
official legal notice, delivered by
the sheriff's office, that requires
a witness to come to court.
Each subpoenaed witness is
entitled to be paid a fee of $5.00
and . travel expenses for
testifying. A claim for fees must
be filed with the clerk. These fees
are added to the court costs,
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four .
which are usually paid by the
losing party. However, payment
will not be paid for more than two
witnesses to prove a single issue.
If you wont be able to be in
court at the specified time, notify
_the Clerk of Court or the
"mafllMlmln at uniw With tho
consent of the magistrate, your
case may be -scheduled for
another time. If you fail to notify
them and don't appear for the
trial,your case will be dismissed,
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anu you migni noi De aoie to file it
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determine whether the other
person has been served with
notice of the suit. If not, you may
be able to provide useful
information . to the sheriff
regarding the location of the
other person. And, you would
certainly want to 'notify your
witnesses if the trial is to be*"
delayed.
If the person you have sued
decides to settle the dispute +
before trial, and you are satisfied
with what has been done, go "to ,
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me ucrR s oince or ine
magistrate and tell them your
-be * dismissed. However your
filing and summons fees will not
be returned, so you may consider
this fact when deciding upon the
amount of a settlement.
Next Week:
The Trial
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