Either party may appeal the magistrate`s decision to the District Court in order to conduct a new trial before a judge or jury. The appeal may be filed either orally, by notifying the court judge of the date on which he or she will render a decision, or by submitting a written notice of appeal to the Registrar of the Supreme Court within 10 days of the judge`s decision. A complaint form can be found here. A copy of the notice of appeal must be served on the opposing party. The party lodging the appeal shall pay the court fees relating to the appeal in good time. Failure to pay court fees will result in the dismissal of the appeal. If a party is unable to pay court fees for the appeal, they may file a petition using this form to appeal as an indigent injured party. An appellate party may also be asked to post security to stop the execution of the magistrate`s decision while the case is under appeal. For more information about eviction calls, see the Landlords and tenants help topic. Small Claims Court is part of the District Courts Division of the North Carolina Court System.

Magistrates adjudicate cases in small claims court. The maximum amount that can be claimed in a minor matter ranges from $5,000 to $10,000, depending on the county. If the hearing is contested, the judge records the proceedings electronically. Hearings will not be recorded by a licensed court reporter unless a party provides the stenographer at its own expense. Generally, claims are limited to litigation up to a maximum of $5,000. However, individuals (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, government agencies and other legal entities cannot claim more than $5,000. In addition, no plaintiff (individual or entity) may file more than two small claims claims claims for more than $2,500 in the state in a calendar year. For example, if you file a $4,000 lawsuit in February 2015 and another $4,000 lawsuit in March 2015, you cannot file further lawsuits over $2,500 until January 1, 2016. You can file as many claims as you want, for $2,500 or less.

However, this restriction does not apply to a city, county, city and county, school district, county office for education, community college district, local district or other local public institution. You can sue more than two lawsuits for $2,500 in a calendar year. A hearing is usually scheduled and mailed to both parties. The parties must inform the Registry of the Supreme Court and the Coordinator of the Court of First Instance of any change of address while the case is pending. The new trial will be submitted to a judge unless a party requests a jury trial in writing within 10 days in due course. Cases involving money may be referred to arbitration. For more information about this process, see the Arbitration and Mediation Help topic. If the court finds that, for any reason, a party is unable to properly present its claim or defence, it may allow another person to assist the party. The person helping you can only provide help – the person`s participation in court cannot constitute legal representation, and the person cannot be a lawyer. Small claims courts may be able to order a defendant to do something as long as a monetary claim is also part of the claim.

For example, if you pick up the lawn mower you lent to a neighbour, the court may order the mower to be returned or the mower to be paid for if it is not returned. Alternatively, small claims courts may order a defendant to do or not do something only if the law expressly permits it (i.e., an order that prevents illegal telephone advertising). The sheriff`s department is usually the one that enforces these orders. It may or may not require other court orders to enforce a particular order. (For example, the court may order the defendant to return a vehicle to the plaintiff. If the defendant does not comply and parks the vehicle in the garage of his house, the sheriff may apply to the court for an additional order that would allow him to enter the premises to seize the vehicle). Check with your local sheriff`s department or small claims advisors for the requirements for your particular situation. A small claims case is a civil action for a monetary judgment where the amount of damages is $6,500 or less. A lawsuit for trespassing and detention arising from a dispute between landlords and tenants can be filed in Small Claims Court. In Small Claims Court, cases are heard by a judge, not a jury.

If a witness who is not an expert witness does not testify voluntarily, you can send them a subpoena and testify in court. For more information, click Subpoenas. Before filing a case in Small Claims Court, it is important to decide whether recourse to Small Claims Court is the best way to resolve your dispute. Many disputes can be resolved through other dispute resolution methods such as mediation. Many counties help resolve disputes informally through their local consumer protection offices or local public or private dispute resolution or mediation programs.