Small Claims Court in Durham County

In Durham County, NC small claims cases are filed in the general district court. Durham County has one general district court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Durham Court System.

Small Claims Court

Durham County clerks of court are staff members working for the North Carolina Court System and the Administrative Office of the Courts. They cannot offer legal advice, as only licensed attorneys are authorized to do so.

If you're handling your case on your own, you're considered a "pro se litigant." This means it's your responsibility to ensure that the information and instructions on the Pro Se Money Owed packet apply to your specific situation. You should take the time to review relevant laws, rules, and procedures that might apply to your case.

Please note that the Durham County Clerk of Court’s Civil Filings Staff and anyone involved in creating or distributing forms, instructions, or guidelines are not responsible for any damages that might result from using the forms or information.

Also, keep in mind that in Durham County, you cannot sue for more than $10,000 in small claims court.

Cases Handled

Small claims court handles various disputes, including:

• Evictions: Disagreements between landlords and tenants, such as unpaid rent or lease violations.
• Recovery of personal property: Claims to reclaim items like a car, valued at $10,000 or less.
• Mechanic and storage liens: Unpaid vehicle repair or storage fees.
• Monetary disputes: Claims for money up to $10,000 (this limit may vary by county, so check with your local court).

Filing a Claim

Here’s the key info:

• Choosing the Right Court: You can file your case in small claims court or district court. Your choice depends on how much money is involved, how complex the case is, and what feels best for you.
• Why Small Claims Court? Small claims court is a popular option because it’s faster and simpler. You don’t need a lawyer, and the process is designed to be straightforward and less intimidating.
• Where to File: Make sure to file in the county where at least one of the defendants lives. This ensures the court has the authority (jurisdiction) to handle your case and is the correct location for the dispute.

Start to File your Case

When you're ready to file your case, here’s what you’ll need:

• Complaint Forms: Bring three copies of the appropriate form for your case:
  • For monetary claims: Use the money claim form.
  • For property recovery: Use the property recovery form.
  • For eviction cases: Use the eviction form.
  • Specialized forms are available for cases like expedited evictions for vacation rentals, motor vehicle liens, or vehicle recovery for lien purposes.
• Magistrate Summons: Bring three copies of this form, completed with the names and addresses of everyone involved.
• Servicemembers Civil Relief Act (SCRA) Affidavit: This affidavit confirms if the defendant is on active military duty, ensuring they are protected under the SCRA.
• Filing Fee: The fee for small claims cases is $96. If you can't afford it, you can request to file as indigent by completing the required form.

Since requirements may vary, it’s a good idea to check with your local clerk’s office for the exact forms, fees, and number of copies needed to ensure your filing complies with local rules.

Service the Defendant

After filing your case, the next step is to serve the defendant with the summons and complaint. Here’s how:

1. Sheriff’s Service: The sheriff can personally deliver the documents to the defendant, which costs about $30.
   • Steps:
     • Contact the sheriff’s office in the county where the defendant lives.
     • Provide the original summons and two copies of the complaint.
     • Pay the service fee.
     • The sheriff will try to deliver the documents directly to the defendant.
2. Certified Mail: You can also send the summons and complaint through certified mail, which includes a return receipt as proof the defendant received the documents.
   • Steps:
     • Go to the post office to get a certified mail form and return receipt card.
     • Mail the original summons and two copies of the complaint to the defendant’s last known address.
     • Complete the certified mail form and attach the return receipt card to the envelope.
     • When the defendant signs for the mail, the return receipt will be sent back to you as proof of service. Why Proper Service Matters Correctly serving the defendant is essential for the court to have jurisdiction and to move forward with your case.
   • After the defendant is served:
     • If using certified mail, file the return receipt with the court.
     • If using the sheriff, file the affidavit of service provided by the sheriff.

Court Cost

When filing, the following are required:

• $96.00 filing fee (payable by cash, credit/debit card with proper ID, certified check, money order, or business check made payable to Durham County Clerk of Court)

• $30.00 per defendant service fee (payable by cash, credit/debit card, certified check, money order, or business check made payable to Durham County Sheriff’s Department)

• If filing by mail, include a self-addressed, stamped envelope (SASE) for returning your copies.

• Mail or present in person to:

  Clerk of Superior Court
  Attn: Civil Filings
  510 S Dillard St
  Durham, NC 27701

Who Pays the Fees?

• If the plaintiff wins, the magistrate may order the defendant to reimburse court costs, including the filing fee, service fees, and other reasonable expenses.
• If the plaintiff loses, they are typically responsible for their own costs.

While small claims court is designed to be affordable, it's important to consider these fees when deciding whether to pursue or defend a case.

Court Process

If you've been served with a complaint, here’s what to do:

1. Show Up in Court: Attend the hearing on the scheduled date and time. Missing it could result in a default judgment, meaning the plaintiff wins automatically.
2. Consider Your Options:
   • File an Answer: Though not required, you can submit a written response to explain your defenses or objections.
   • File a Counterclaim: If you have a related claim against the plaintiff, you can file a counterclaim, which must be served on the plaintiff through the sheriff or certified mail.
3. Serving Documents:
   • If you file an answer, send it to the plaintiff via regular mail.
   • If you file a counterclaim, serve it properly using the sheriff or certified mail.
4. Prepare for Court: Gather all relevant documents, evidence, and witness details. Practice presenting your arguments clearly.
5. Attend the Hearing: Arrive early with all necessary materials. Follow the magistrate’s instructions and present your case respectfully.
6. After the Hearing: The magistrate will announce their decision. If you disagree, you may be able to appeal. Act quickly, as there are strict deadlines for appeals.

Court Day

• General Small Claims Cases: These are typically scheduled within 30 days after the plaintiff files the case with the clerk of superior court.
• Eviction Cases (Summary Ejectment): These cases are handled more quickly, usually scheduled within 10 to 15 days of filing. The court date will be assigned by the clerk at the time of filing and will appear on the magistrate summons form, which you’ll receive with the complaint.

Important Reminders:

• Attend the Hearing: Make sure to show up at the scheduled time. Missing the hearing without a valid reason could result in a default judgment against you.
• Need to Reschedule?: Contact the clerk of the superior court’s office as soon as possible if you need to request a new date or have any questions.

Doesn’t appear at the Court

Missing a court date in small claims court can lead to different outcomes depending on whether you're the plaintiff or defendant:

• If the Plaintiff Doesn’t Show Up:
  • Case Dismissal: The case is usually dismissed if the plaintiff is absent.
  • Request a Continuance: If the plaintiff has a valid reason, like an emergency, they can request to reschedule the hearing.
• If the Defendant Doesn’t Show Up:
  • Not Properly Served: If the defendant wasn’t properly served, the court will likely postpone the case to ensure proper service.
  • Properly Served: If the defendant was properly served but doesn’t show up, the magistrate can proceed without them and may issue a default judgment in favor of the plaintiff.

Can’t Attend Your Hearing? If you have a valid reason, such as illness or an unavoidable conflict, contact the court immediately to request a continuance. Be sure to explain your situation and provide any necessary documentation. Acting quickly can help avoid serious consequences.

Continuance

If You’re Served Less Than 5 Days Before Court:

• General Cases: You can request a continuance if served less than 5 days before the court date.
• Eviction Cases: For evictions, this time frame is less than 2 days.
• Automatic Continuance: The court must grant your request for extra time to prepare in these situations.

If You’re Served More Than 5 Days Before Court:

• Good Cause Needed: If you've had more than 5 days' notice, you need to show a valid reason ("good cause") for requesting a continuance.
  • Examples of good cause include illness, emergencies, or unavoidable scheduling conflicts.

How to Request a Continuance:

1. Notify the Court: Contact the court as soon as possible to explain why you need more time.
2. Notify the Other Party: Inform the other party of your request to keep the process fair.
3. Provide Details: Be prepared to explain your situation to the magistrate and provide supporting evidence if needed.

Magistrate’s Decision:

• The magistrate will review your request and may ask for more details.
• If the other party objects, you’ll need to present strong reasons to justify the continuance.

Once a Continuance is Granted:

• Use the extra time wisely to prepare your case.
• Gather evidence, organize documents, and meet any new deadlines set by the court.

Dismiss a Case

If you’re the plaintiff in a small claims case in North Carolina and decide to dismiss it—whether due to a settlement or other reasons—here’s what you need to do:

1. Voluntary Dismissal Form
   • To dismiss your case, you’ll need to complete a specific voluntary dismissal form provided by the court.
2. Timing of Filing
   • You can submit the dismissal form before the scheduled court date or on the day of the hearing.
     • If you file the form before the hearing, neither you nor the defendant needs to attend the court session.
3. Compulsory Counterclaims
   • You can only file for voluntary dismissal if there are no pending compulsory counterclaims. These are claims the defendant must raise in the same case, typically related to the same incident or issue.
4. Effect of Dismissal
   • Once the court accepts your voluntary dismissal, the case is officially dismissed. This means all legal proceedings will stop, and the case will be closed.
5. Settlement and Agreements
   • If you and the defendant have reached a settlement, filing the voluntary dismissal helps finalize the resolution. Be sure that both sides agree to the terms clearly before submitting the form.
6. Legal Counsel
   • If you’re unsure about the dismissal process or its consequences, it’s wise to consult a lawyer for advice tailored to your case.

Trial

In small claims court, trials are designed to be simple and efficient, often conducted by a magistrate instead of a judge or jury. Here’s how these trials typically go:

• Format of the Trial:
  • Quick and Informal: Small claims trials are brief and less formal than other court proceedings.
  • No Jury: The case is decided solely by the magistrate.
• Location:
  • Trials are usually held in a courtroom but can sometimes take place in the magistrate’s office, depending on the county.
• Order of Proceedings:

1. Plaintiff’s Presentation:
   • The plaintiff presents their case, which may include:
     • Testifying
     • Calling witnesses
     • Submitting evidence (like documents or recordings)
2. Witness Examination:
   • After each witness testifies, the defendant has the chance to cross-examine them.
3. Defendant’s Presentation:
   • Once the plaintiff is done, the defendant presents their case, including:
     • Their own testimony
     • Calling witnesses
     • Presenting evidence
4. Cross-Examination:
   • The plaintiff can cross-examine the defendant’s witnesses.

Magistrate’s Role:

• The magistrate may ask questions during the trial to clarify issues or gather more details.

Decision and Judgment:

• After both sides have presented their case, the magistrate may announce their decision immediately.
• The magistrate’s decision is typically final, but there may be an option to appeal depending on local rules.

Informality and Efficiency:

• The small claims process is designed to be accessible and less formal, allowing people to represent themselves without the complexities of a traditional trial.

Representation

In small claims court, hiring an attorney is not required. Many people choose to represent themselves because the process is designed to be simple and accessible, even for those without legal experience.

What You Need to Know if You Represent Yourself:

• Court Staff Assistance: Court staff can assist with general procedural questions, but they cannot offer legal advice or guidance specific to your case.
• Follow the Rules: Whether you have an attorney or not, you must follow the same rules and procedures as any legal professional.

If you choose to represent yourself, being prepared, organized, and familiar with the court’s rules will help ensure your case proceeds smoothly.

Judgments and Collections

A judgment is the court's formal decision that outlines the rights and responsibilities of the parties involved, such as amounts owed or property entitlements. Once a money judgment is granted, the parties often try to negotiate a payment plan. If they can’t agree, the winning party can start the collection process. The judgment is recorded by the clerk of superior court, and if unpaid, interest will accrue.

Key Steps After a Judgment:

1. Appeal Period:
   • After a judgment is issued, the prevailing party must wait 10 days to see if the other party files an appeal.
   • If no appeal is filed, the judgment becomes final.
2. Writ of Execution: The winning party can request a writ of execution from the clerk, allowing the sheriff to seize and sell nonexempt property to satisfy the judgment.
3. Exempt Property:
   • Debtors can claim certain property as exempt from seizure by:
     • Receiving a Notice of Right to Have Exemptions Designated from the clerk.
     • Filing a Motion to Claim Exempt Property within 20 days or requesting a hearing. Legal help is available for this process. If exempt property is claimed, only nonexempt property can be seized, and any disputes will be handled by a district court judge.
4. Payment and Enforcement:
   • Judgment Duration: Judgments last for 10 years and can be renewed once. If no property is found to seize, the winning party can issue a new notice later.
   • Payment Methods: Payments can be made to the clerk or the other party. If paying the other party, they must notify the clerk and file a Certificate of Payment.

FAQs:

• **Arrest for Non-Payment: You cannot be arrested for failing to pay a small claims court judgment.
• Wage Garnishment: In North Carolina, wages or public benefits cannot be garnished to pay a judgment, except for child support cases.

Appeal

If you disagree with the small claims court decision, you can appeal to district court. Here's a simplified process:

1. Appeal to District Court:
   • Your case will be retried by a judge or jury in district court.
2. Notice of Appeal:
   • File a Notice of Appeal with the clerk within 10 days of the decision. You can do this orally or in writing.
3. Service:
   • Serve the other party with a copy of the notice.
4. Court Costs:
   • You’re responsible for paying appeal costs, but you can petition to waive them if you can’t afford them.
5. Bond:
   • In some cases, you may need to post a bond to stop the judgment from being enforced during the appeal.
6. Next Steps:
   • Your case will be retried in district court, where you get a fresh review of your case.

Judgment Duration & Renewal: - Judgments last for 10 years and can be renewed for another 10 years.

New Notice: - If collections fail, you can issue a new Notice of Right to Have Exemptions Designated and file a Motion to Claim Exempt Property.

Legal Advice: - Consult a lawyer for guidance on renewing judgments or other collection methods.

Courthouses Location:

Durham County Courthouse

510 South Dillard St
Durham, NC 27701
(919) 808-3000
https://www.nccourts.gov/locations/durham-county/durham-county-courthouse

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

CITIES SERVED

• Durham
• Gorman
• Rougemont

Let Squabble Help You With Your Small Claim at Durham County

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