Small Claims Court in Mecklenburg County

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

Small Claims Court

Mecklenburg County, NC Small claims court operates within North Carolina's district court system, where cases are adjudicated by magistrates. The monetary limit for claims varies ranging from $5,000 to $10,000.

In legal terms, a plaintiff is the party who initiates a court case by filing a complaint or bringing a legal action against another person or organization. The defendant, on the other hand, is the party against whom the court case is filed, who must respond to the allegations made by the plaintiff.

Magistrate

A magistrate is an appointed officer within the district court system who holds various statutory responsibilities. These include presiding over cases in civil small claims court, making preliminary decisions in criminal cases, and officiating marriages. Importantly, magistrates may or may not have legal training or be attorneys themselves.

Cases Handled

Small Claims Court handles a variety of cases, such as:

• Breach of a written or oral contract.
• Return of a down payment.
• Property damage from a motor vehicle accident.
• Damage to or loss of property.
• Consumer complaints regarding defective merchandise or faulty workmanship.
• Payment for services rendered.
• Claims involving bad checks.
• Claims for unpaid rent.

Filing a Claim

Here are the key points:

1. Choice of Court: You have the option to file your case in either small claims court or district court, depending on factors such as the amount of money involved, the complexity of the case, and personal preference.
2. Advantages of Small Claims Court: Small claims court is often preferred due to its faster and simpler process, which is beneficial for individuals representing themselves without an attorney. There are fewer procedural requirements, making the court proceedings more straightforward.
3. Jurisdiction: When filing in small claims court, you must do so in the county where at least one of the defendants resides. This ensures that the court has jurisdiction over the defendant(s) and is the appropriate venue for the case.

Start to File your Case

Here's what you need to prepare and provide at the clerk of superior court's office:

1. Complaint Forms: You'll need three copies of the complaint form, which states the claim(s) you are making and what relief you are requesting from the magistrate. Depending on your specific case:
   • If your claim is for money, use the appropriate money claim form.
   • If you are seeking to recover personal property, use the specific form for personal property recovery.
   • For cases of summary ejectment (eviction), use the summary ejectment form.
   • Specialized forms exist for expedited summary ejectment related to vacation rental agreements, enforcement of possessory liens on motor vehicles, and recovery of motor vehicles held for lien purposes.
2. Magistrate Summons: You'll need three copies of the Magistrate Summons form. Only the top portion of the first page should be filled out, including the names and addresses of all parties involved in the case.
3. Affidavit under the Servicemembers Civil Relief Act (SCRA): This affidavit informs the court whether or not the defendant is a member of the military. It ensures compliance with the SCRA, protecting the legal rights of active-duty service members.
4. Filing Fee: There is a filing fee of $96 for small claims cases in North Carolina. If you are unable to afford this fee, you can request to file your case as an indigent by using the appropriate form. It's important to note that local requirements may vary, so it's advisable to check with your local clerk's office to confirm which specific forms are required for your case and how many copies of each form you need to submit. This ensures that your filing is complete and meets all necessary local procedures.

Service the Defendant

After filing your small claims case in North Carolina, you need to ensure that the defendant is properly served with a copy of the summons and complaint. Here’s how you can do it:

1. Sheriff’s Service: You can have the sheriff of the county where the defendant resides serve the defendant with the summons and complaint. There is typically a fee of $30 for this service. The sheriff will personally deliver the documents to the defendant.
2. Certified Mail: Alternatively, you can serve the defendant by mailing a copy of the summons and complaint via certified mail, return receipt requested. This method requires the defendant to sign for the receipt of the documents, providing proof that they received them.

Here are the steps involved in each method:

• Sheriff’s Service:
  • Contact the sheriff’s office in the county where the defendant resides.
  • Provide them with the original and two copies of the summons and complaint.
  • Pay the required fee (typically $30).
  • The sheriff will attempt to personally deliver the documents to the defendant.
• Certified Mail:
  • Obtain a certified mail form and a return receipt card from the post office.
  • Mail the original and two copies of the summons and complaint to the defendant’s last known address.
  • Complete the certified mail form and attach the return receipt card.
  • Once the defendant signs for the certified mail, the return receipt card will be sent back to you as proof of service.

It's important to note that proper service of the summons and complaint is crucial for the court to have jurisdiction over the defendant and to proceed with the case. After service is completed, you should file the return receipt (if using certified mail) or the sheriff’s affidavit of service (if using sheriff’s service) with the court to document that service has been accomplished.

If you have any doubts or specific questions about serving the defendant in your small claims case, it’s recommended to consult with the clerk of court or seek legal advice to ensure compliance with all applicable rules and procedures.

Court Cost

In Mecklenburg County, North Carolina, the fees associated with filing a small claims case can vary. Here are some general guidelines:

1. Filing Fee: As of the last update, the filing fee for a small claims case in Mecklenburg County is $96. This fee covers the cost of initiating the case and includes the first attempt at serving the defendant.
2. Service of Process Fee: If additional attempts are needed to serve the defendant, there may be an additional fee for each attempt.
3. Other Fees: There may be additional fees for specific motions or requests filed during the course of the case, such as filing a Notice of Appeal or requesting copies of documents from the court.

If the plaintiff (the party filing the case) is successful in their small claims court case, the magistrate may order the defendant (the party against whom the case is filed) to pay the plaintiff's court costs. These court costs typically include fees associated with filing the case, serving the summons, and any other reasonable expenses related to the litigation.

On the other hand, if the plaintiff is unsuccessful in their case, they are generally responsible for paying their own court costs.

It's important to note that court costs in small claims court cases are generally modest compared to other types of court proceedings, but they are still an important consideration when pursuing or defending a claim.

Court Process

Defendant

If you have been served with a complaint in small claims court, here are the steps you should take:

1. Appear in Court: You must appear in court at the scheduled date and time if you want to present your side of the case to the magistrate. Failure to appear could result in a default judgment being entered against you.
2. Consider Your Options:
   • File an Answer: While not required in small claims court, you have the option to file a written answer to respond to the plaintiff's complaint. This allows you to outline your defenses or objections to the claims made against you.
   • File a Counterclaim: If you believe you have a legal claim against the plaintiff (for example, a claim for damages arising from the same incident), you can file a counterclaim. Unlike an answer, a counterclaim must typically be served on the plaintiff by sheriff or certified mail.
3. Service of Documents:
   • If you decide to file an answer, you can serve it on the plaintiff by regular mail.
   • If you file a counterclaim, it generally must be served on the plaintiff by sheriff or certified mail to ensure proper legal notification.
4. Prepare for Court: Gather any relevant documents, evidence, or witnesses that support your case. Be prepared to present your side of the story to the magistrate effectively.
5. Attend the Hearing: On the day of the hearing, arrive early and bring all necessary documents. Follow the magistrate's instructions and present your case clearly and respectfully.
6. Understand the Outcome: After the hearing, the magistrate will make a decision. If you disagree with the decision, you may have options for appeal depending on the rules and procedures of your jurisdiction.

Court Day

In Mecklenburg County, NC court dates for small claims cases are typically scheduled as follows:

1. General Small Claims Cases: The court date is scheduled within 30 days from the date the plaintiff files the case with the clerk of superior court.
2. Eviction Cases (Summary Ejectment): For eviction cases, the court date is usually scheduled more quickly, often within 10 to 15 days from the date the plaintiff files the case.

The clerk of superior court will set the court date when the plaintiff files the case and will indicate this date on the magistrate summons form. This form is then served on the defendant (you, in this case), notifying you of the date, time, and location of the court hearing.

It's crucial to pay attention to the court date and ensure you are present at the appointed time. Missing the court date without a valid reason could result in a default judgment being entered against you. If you have any questions about the court date or need to reschedule for a legitimate reason, you should contact the clerk of the superior court's office promptly.

One of the person doesn’t appear at the Court

In small claims court, the consequences of a party not appearing depend on whether they are the plaintiff (the party who filed the case) or the defendant (the party against whom the case is filed):

1. Plaintiff Does Not Appear: If the plaintiff does not appear at the scheduled court date, the case will typically be dismissed. In some cases, the court may allow the plaintiff to request a continuance (rescheduling of the hearing), especially if there is a valid reason for their absence.
2. Defendant Does Not Appear:
   • Not Properly Served: If the defendant has not been properly served with the summons and complaint (for example, they did not receive the documents or were not served according to legal requirements), the case must be continued (postponed) to allow proper service to take place.
   • Properly Served: If the defendant has been properly served with the summons and complaint but fails to appear at the scheduled court date, the magistrate may proceed with the case and decide in favor of the plaintiff. This is known as a default judgment, where the plaintiff wins by default because the defendant did not defend themselves in court.

If you are unable to attend a court hearing for a legitimate reason, such as illness or unavoidable conflict, you should notify the court as soon as possible to request a continuance and explain your situation.

Continuance

Timing of Service:

• If you are served with a small claims case:
  • Fewer than 5 days before the court date (or fewer than 2 days in eviction cases), you are entitled to request and must be granted a continuance. This ensures you have adequate time to prepare and respond to the case.
  • If served within these short notice periods, the continuance is automatic upon your request.

Other Circumstances:

• If served with more than 5 days' notice, the magistrate has discretion to grant a continuance based on whether you show "good cause." Good cause typically involves demonstrating reasons beyond your control that justify rescheduling, such as illness or unavoidable scheduling conflicts.

Requesting a Continuance:

• To request a continuance, you should inform the court promptly and provide reasons for the request. It's important to communicate with all parties involved and the court to ensure procedural fairness and proper handling of your case.

Magistrate's Decision:

• The magistrate will consider your request and may ask for details about your circumstances. If the other party objects to the continuance, you may need to provide stronger reasons to persuade the magistrate.

Preparing for the New Court Date:

• Once a continuance is granted, you should use the additional time effectively to prepare your defense or gather necessary evidence. Ensure you comply with any new deadlines or requirements set by the court.

Dismiss a Case

If you, as the plaintiff in a small claims case in North Carolina, decide to dismiss your case for any reason—whether due to reaching a settlement with the defendant or choosing not to proceed—you can file a voluntary dismissal. Here's what you need to know:

1. Voluntary Dismissal Form:
   • You can file a voluntary dismissal using a specific form provided by the court. This form allows you to formally request the dismissal of your case.
2. Timing of Filing:
   • You can file the voluntary dismissal form either before the scheduled court hearing or in court on the day of the hearing.
   • If you file the dismissal form before the court hearing, neither you nor the defendant are required to appear at the scheduled hearing.
3. Compulsory Counterclaims:
   • A voluntary dismissal can be filed as long as there are no pending compulsory counterclaims. Compulsory counterclaims are legal claims that the defendant must assert against the plaintiff in the same case, typically arising from the same transaction or occurrence.
4. Effect of Dismissal:
   • Once the voluntary dismissal is filed and accepted by the court, your case will be dismissed. This means the court will no longer proceed with hearing the case, and the matter will be resolved without further litigation.
5. Settlement and Agreements:
   • If you have reached a settlement agreement with the defendant, the voluntary dismissal can be part of formalizing the resolution of the dispute.
   • It's advisable to ensure that any settlement terms are clear and agreed upon before filing the dismissal form.
6. Legal Counsel:
   • If you have any questions about the process of filing a voluntary dismissal or the implications of dismissing your case, consulting with a lawyer can provide valuable guidance based on your specific situation.

Trial

The trial in small claims court is straightforward and conducted by a magistrate rather than a judge or jury. Here’s how trials in small claims court proceed:

1. Format of the Trial:
   • Trials in small claims court are generally quick and informal.
   • There are no jury trials; the case is decided solely by the magistrate.
2. Location:
   • Small claims court proceedings may take place in a courtroom or sometimes in the magistrate’s office, depending on the county’s practices.
3. Order of Proceedings:
   • Plaintiff's Presentation: The plaintiff presents their case first. They have the opportunity to testify, call witnesses, and present evidence such as documents or recordings. Witness Examination: After each witness for the plaintiff testifies, the defendant has the right to cross-examine them.
   • Defendant's Presentation: After the plaintiff completes their case, the defendant has the opportunity to testify, call witnesses, and present their evidence.
   • Cross-Examination: The plaintiff can cross-examine each witness called by the defendant.
   • Magistrate's Role: Throughout the trial, the magistrate may ask questions of the parties and witnesses to clarify points or gather additional information.
   • Decision: The magistrate may announce their decision immediately after both parties have presented their cases.
4. Judgment:
   • The magistrate’s decision is typically final for small claims court cases. There may be options for appeal in certain circumstances, based on local rules.
5. Informality and Efficiency:
   • The process in small claims court is designed to be less formal and more accessible than traditional court proceedings, allowing individuals to present their cases without extensive legal procedures.

Representation

In small claims court, you do not need to hire an attorney. Many people represent themselves because the process is designed to be accessible without legal expertise. However, court staff cannot provide legal advice specific to your case. If you choose self-representation, you must follow court rules and procedures like an attorney would.

Appeal

If you disagree with the outcome of your case in small claims court, you have the option to appeal the decision to district court. Here’s a concise overview of what you can do:

1. Appeal to District Court:
   • Either party can appeal the magistrate's decision to district court for a new trial before a judge or a jury.
2. Notice of Appeal:
   • You can provide notice of appeal orally in court immediately after the magistrate makes a decision, or you can file a written notice of appeal with the clerk of superior court within 10 days after the magistrate’s decision.
   • A Notice of Appeal form is available for filing with the clerk of superior court.
3. Service Requirement:
   • You must serve a copy of the Notice of Appeal on the other party involved in the case.
4. Court Costs:
   • The party appealing must pay court costs associated with the appeal in a timely manner. Failure to pay these costs will result in dismissal of the appeal.
   • If you cannot afford the court costs, you can file a petition to appeal as an indigent, using a specific form provided by the court.
5. Bond Requirement:
   • Depending on the circumstances, the appealing party may be required to post a bond to prevent enforcement of the magistrate’s decision while the appeal is pending.
6. Next Steps:
   • Once the appeal is filed and processed, the case will be retried in district court. This provides an opportunity for a fresh review of the case by a judge or jury.
7. Legal Considerations:
   • Consider seeking legal advice, especially if your case is complex. An attorney can provide guidance on the appeal process and represent your interests effectively in district court.

Judgment

A judgment in legal terms refers to a court's official decision regarding the rights and obligations of the parties involved in a case. It encompasses several key aspects:

1. Decision on Rights and Obligations: A judgment outlines what each party is legally entitled to or required to do based on the court's findings. This can include monetary awards, property rights, or other forms of relief.
2. Monetary Awards: One common type of judgment involves determining the amount of money one party owes to another. This could be for damages, unpaid debts, or other financial obligations.
3. Property Rights: In some cases, judgments clarify ownership or rights to property, settling disputes over who has legal control or entitlement to specific assets.
4. Enforcement: Judgments are legally enforceable, meaning the court's decision compels parties to comply with its terms. Failure to comply can result in further legal actions to enforce the judgment.
5. Finality: Once issued, a judgment typically marks the end of the court proceedings for that particular case, unless appealed to a higher court.

In essence, a judgment is the formal resolution of a legal dispute by the court, determining the rights and responsibilities of the parties involved based on the evidence and arguments presented during the legal proceedings.

After the Judgment

After obtaining a money judgment in small claims court, here’s how the judgment can be enforced and how the other party can pay:

1. Agreement on Payment Terms: Often, parties reach an agreement on how the judgment amount will be paid after the court decides. If there's no agreement, the winning party can initiate the collections process.
2. Recording the Judgment: The clerk of superior court records the judgment, and if it remains unpaid, interest begins to accrue. Waiting Period for Appeal: The prevailing party must wait for the 10-day appeal period to pass before starting formal collections. If no appeal is filed, the judgment becomes final.
3. Writ of Execution: The winning party can request the clerk of superior court to issue a writ of execution. This writ allows the sheriff to seize and sell nonexempt property of the debtor to satisfy the judgment.
4. Exempt Property: The debtor may claim certain property as exempt from execution to protect basic necessities. To do so, they must:
   • Receive a Notice of Right to Have Exemptions Designated from the clerk.
   • File a Motion to Claim Exempt Property within 20 days of receiving the notice, or request a hearing before the clerk.
   • If eligible property is not claimed exempt, or if it exceeds exemption limits, the sheriff can proceed with execution.
5. Legal Assistance: Parties can seek legal aid to help with the process of claiming exempt property. Forms and guidance may be available online or through legal services organizations.
6. Constitutional Exemptions: Under state law, certain constitutional exemptions apply to protect up to $1,000 in real property (like land or homes) and $500 in personal property (such as vehicles, furniture, etc.).

Satisfied the Judgment

If the sheriff cannot find property to satisfy the judgment initially, here are the key points:

1. Judgment Validity: Judgments in North Carolina are valid for 10 years from the date they are issued. They can be renewed once for an additional 10-year period, extending their validity to 20 years.
2. Renewal Process: The prevailing party can renew the judgment to keep it enforceable for a longer period. This allows continued efforts to collect the debt if the initial attempt is unsuccessful.
3. Sending New Notice: If collection efforts fail initially, the prevailing party can send another Notice of Right to Have Exemptions Designated and Motion to Claim Exempt Property to the debtor in the future. This process allows the debtor to protect certain property from being seized to satisfy the judgment.
4. Legal Advice: Consider seeking legal advice for guidance on the renewal process and additional steps to enforce the judgment effectively.

Paid Judgment

When it comes to paying a money judgment, there are several ways to handle it:

1. Payment to Clerk of Superior Court:
   • The person obligated to pay the judgment can make full or partial payments directly to the clerk of superior court. This ensures that there is an official record of the payments made.
2. Payment to Other Party:
   • Alternatively, the person paying the judgment may choose to pay the other party directly. This can be done in full or in partial payments.
3. Notification and Documentation:
   • If the other party receives payments directly, they are required to notify the clerk of superior court about any payments received.
   • To document receipt of payments, the receiving party can file a Certificate of Payment with the court. This serves as proof that payments have been made and received.

Judgment Not Paid

In Mecklenburg County, NC you cannot be arrested for failing to pay a judgment ordered in small claims court. In civil cases like these, the usual remedy for non-payment involves legal collection actions such as garnishing wages or bank accounts, or seizing non-exempt property.

However, not complying with court orders related to payment can lead to other consequences, such as additional fines or restrictions on driving privileges in certain cases. It's essential to address judgments promptly and follow court procedures to avoid legal complications.

North Carolina protects against garnishment of wages and public benefits in most civil judgments to ensure individuals can maintain their essential income and government assistance. This safeguard is crucial for preserving financial stability for those who rely on these resources daily. Child support obligations are an exception where garnishment may be allowed to enforce court-ordered payments.

Understanding these protections is important for complying with legal requirements and ensuring fair treatment in financial matters.

Courthouses Location:

Mecklenburg County Courthouse

832 E 4th St #3725
Charlotte, NC 28202
(704) 686-0560
https://www.nccourts.gov/locations/mecklenburg-county/mecklenburg-county-courthouse

BUILDING HOURS

• Monday - Friday 9:00 a.m. to 5:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Mecklenburg County

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