Small Claims Court in Johnston County

In Johnston County, NC small claims cases are filed in the general district court. Johnston 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 Johnston Court System.

Small Claims Court

Johnston Small Claims Court is part of North Carolina's district court system, and cases here are handled by magistrates. The amount you can sue for in small claims depends on the county, usually ranging from $5,000 to $10,000. Simply put, the plaintiff is the person who starts the case by filing a complaint, and the defendant is the person or business being sued, who has to respond to the claims.

Cases Handled

Small claims court handles a variety of disputes, including:

• Eviction cases (summary ejectment): For disagreements between landlords and tenants, such as unpaid rent or lease violations.
• Recovery of personal property: If you're trying to reclaim something like a car or other items valued at $10,000 or less.
• Mechanic and storage liens for vehicles: To enforce claims related to unpaid vehicle repairs or storage fees.
• Monetary disputes: For money-related claims, as long as the amount doesn’t exceed $10,000 (though this limit can vary by county, so it's a good idea to confirm with your local clerk of court).

If your claim exceeds the small claims limit, you’ll need to file in district court for amounts up to $25,000, or in superior court if it’s over $25,000.

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:

1. Complaint Forms:
   • Bring three copies of your complaint form. Choose the right form based on your case type:
     • For monetary claims: Use the money claim form.
     • For recovering personal property: 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.
2. Magistrate Summons:
   • Bring three copies of this form. Fill out the top section of the first page, including the names and addresses of everyone involved.
3. Servicemembers Civil Relief Act (SCRA) Affidavit:
   • This affidavit confirms whether the defendant is on active military duty, protecting their rights under the SCRA.
4. 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 appropriate form.

Since requirements can vary, it’s a good idea to check with your local clerk’s office for the exact forms, fees, and number of copies needed. This ensures your filing is accurate and 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 you can do it:

1. Sheriff’s Service
   • The sheriff can personally deliver the documents to the defendant. This method 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 attempt 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 to prove the defendant received the documents.

• Steps:
  • Visit 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.
  • Once the defendant signs for the mail, the return receipt will be sent back to you as proof of service.

Why Proper Service Matters

Serving the defendant correctly is crucial for the court to have jurisdiction and to proceed 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 the sheriff provides.

If you’re unsure about any steps, check with the clerk of court to make sure you’re

Court Cost

Here’s a quick breakdown of the fees involved in a small claims case:

1. Filing Fee
   • The cost to file a small claims case is $96.
   • This includes the initial filing and the first attempt to serve the defendant.
2. Service of Process Fee
   • If the defendant can’t be served on the first try, there may be additional fees for each extra attempt.
3. Other Fees
   • You might face extra costs for certain motions or requests, such as filing a Notice of Appeal or getting copies of court documents.

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 usually responsible for their own costs. While small claims court is designed to be affordable, these fees are something to keep in mind 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 the hearing could result in a default judgment against you, meaning the plaintiff wins automatically.
2. Consider Your Options
   • File an Answer: While not required, you can submit a written response to the complaint to explain your defenses or objections.
   • File a Counterclaim: If you have a related claim against the plaintiff, you can file a counterclaim. This must typically be served on the plaintiff through the sheriff or by certified mail.
3. Serving Documents
   • If you file an answer, send it to the plaintiff via regular mail.
   • If you file a counterclaim, you must serve it properly, using the sheriff or certified mail, to notify the plaintiff.
4. Prepare for Court
   • Collect all documents, evidence, and witness details to support your case.
   • Practice presenting your arguments so you’re ready to explain your side clearly.
5. Attend the Hearing
   • Arrive early with all necessary materials.
   • Follow the magistrate’s instructions, and present your case respectfully and concisely.
6. After the Hearing
   • The magistrate will announce their decision.
   • If you disagree with the outcome, you may be able to appeal based on the rules in your area. Be sure to act quickly, as there are strict deadlines for appeals.

Being prepared and understanding the process can make a big difference in how your case is resolved.

Court Day

1. General Small Claims Cases
   • These are usually scheduled within 30 days after the plaintiff files the case with the clerk of superior court.
2. Eviction Cases (Summary Ejectment)
   • These cases are handled more quickly, typically scheduled within 10 to 15 days of filing.

The court date is assigned by the clerk at the time of filing and will be listed on the magistrate summons form, which you’ll receive along with the complaint.

Important Reminders

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

Doesn’t appear at the Court

Missing a court date in small claims court can have different outcomes depending on whether you’re the plaintiff or the 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 ask the court to reschedule the hearing.

If the Defendant Doesn’t Show Up

• Not Properly Served: If the defendant wasn’t properly served with the summons and complaint, the court will likely postpone the case so proper service can be completed.
• Properly Served: If the defendant was properly served but doesn’t appear, 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 legitimate reason, such as illness or an unavoidable conflict, contact the court immediately to request a continuance. Explain your situation and provide any supporting documentation if needed. Acting quickly can help prevent serious consequences.

Continuance

If You’re Served Less Than 5 Days Before Court

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

If You’re Served More Than 5 Days Before Court

• Good Cause Needed: If you’ve had more than 5 days’ notice, you’ll need to show the magistrate a valid reason, or “good cause,” for 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: Let the other party know about your request to keep the process fair.
3. Provide Details: Be prepared to explain your situation to the magistrate and provide any supporting evidence if needed.

Magistrate’s Decision

• The magistrate will review your request and may ask for more information.
• 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.

Trial

In small claims court, trials are designed to be straightforward and efficient, often conducted by a magistrate rather than 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 by the magistrate alone.

Location

• Trials may be held in a courtroomor sometimes in the magistrate’s office, depending on the county.

Order of Proceedings

1. Plaintiff’s Presentation: The plaintiff starts by presenting their case. This includes:
   • Testifying
   • Calling witnesses
   • Submitting evidence (such as documents or recordings)
2. Witness Examination: After each plaintiff’s witness testifies, the defendant has the opportunity to cross-examine them.
3. Defendant’s Presentation: Once the plaintiff is done, the defendant presents their case, which includes:
   • 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 throughout the trial to clarify issues or gather additional details.

Decision and Judgment

• The magistrate may announce their decision immediately after both sides have presented their case.
• The magistrate’s decision is typically final, but in some situations, you may have the option to appeal, depending on local rules.

Informality and Efficiency

• The small claims process is intentionally designed to be less formal and more accessible, allowing individuals 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 straightforward and accessible, even for those without legal expertise.

What You Need to Know if You Represent Yourself

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

If you decide to represent yourself, being prepared, organized, and knowledgeable about the rules will help ensure your case runs smoothly.

Judgments and Collections

A judgment is the court's formal decision that outlines the rights and responsibilities of the parties involved, including details about amounts owed or property entitlements. Once a money judgment is granted, the parties often negotiate a payment plan. If they cannot agree, the winning party can begin the process of collecting the judgment. The judgment is recorded by the clerk of superior court, and if it remains unpaid, interest will accrue.

Key Steps After a Judgment

1. Appeal Period
   • After a judgment is issued, the prevailing party must wait for 10 days for the other party to file 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, which authorizes the sheriff to seize and sell nonexempt property to satisfy the judgment.
3. Exempt Property
   • Debtors have the right to claim certain property as exempt from seizure. To do this:
     • They must receive a Notice of Right to Have Exemptions Designated from the clerk.
     • Then, they must file a Motion to Claim Exempt Property within 20 days or request a hearing. Legal help is available for this process.
   • If exempt property is claimed, the sheriff will only seize nonexempt property. Any objections to the exemptions will be settled by a district court judge.

Payment and Enforcement

• Judgment Duration: Judgments are valid for 10 years and can be renewed once. If the sheriff cannot find any property to seize, the winning party can issue a new notice later.
• Payment Methods: Payments can be made directly 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 cases involving child support.

Appeal

If you disagree with the outcome of your small claims case, you have the right to appeal the decision to district court. Here’s a step-by-step guide to the process:

1. Appeal to District Court
   • Process: You can appeal the magistrate's decision to district court, where the case will be retried before a judge or jury. The district court will review the case anew*.
2. Notice of Appeal
   • How to File: You can give an oral notice of appeal immediately after the magistrate’s decision, or you can file a written Notice of Appeal with the clerk of superior court within 10 days of the decision.
   • Form: The Notice of Appeal form is available at the clerk's office.
3. Service Requirement
   • Notification: You must serve a copy of the Notice of Appeal to the other party. This informs them of your intent to appeal and gives them a record of the appeal.
4. Court Costs
   • Payment: As the appellant (the party filing the appeal), you are responsible for paying the court costs related to the appeal. Failure to pay these fees could result in the dismissal of your appeal.
   • Indigent Status: If you cannot afford the costs, you can file a petition to appeal as an indigent, which may allow you to proceed without paying the usual fees.
5. Bond Requirement
   • Bond: In some cases, you may need to post a bond to stay the enforcement of the magistrate’s decision while the appeal is pending. The bond ensures that you will pay the judgment if your appeal is unsuccessful.
6. Next Steps
   • Retrial: Once your appeal is processed, the case will be retried in district court, providing you with a chance for a fresh review by a judge or jury.
7. Legal Considerations
   • Advice: It's highly recommended to seek legal counsel, especially for complex cases. An attorney can guide you through the appeal process and represent your interests in district court.

This process allows you to have your case heard again, but it involves additional steps, time, and potentially more costs. Understanding these requirements will help you navigate the appeal successfully.

Satisfying the Judgment & Judgment Validity

• Duration: In North Carolina, a judgment is valid for 10 years from the date it was issued. After that, you can renew the judgment once, extending its enforceability for an additional 10 years, making the total enforceable period 20 years.

Renewal Process

• Extension: If initial collection efforts fail, you can renew the judgment to keep it enforceable. This allows you more time to collect the debt.

Sending New Notice

• Re-notification: If you’ve been unable to collect, you can issue a new Notice of Right to Have Exemptions Designated and file a Motion to Claim Exempt Property. This gives the debtor another chance to protect certain property from seizure.

Courthouse Location:

Johnston County Courthouse

207 East Johnston Street
Smithfield, NC 27577
(919) 209-5400​
https://www.nccourts.gov/locations/johnston-county/johnston-county-courthouse

BUILDING HOURS

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

Let Squabble Help You With Your Small Claim at Johnston County

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