Small Claims Court in Union County

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

Small Claims Court

Union County Small Claims Court is part of North Carolina's district court system, where magistrates oversee cases. The amount you can claim in small claims varies by county, typically between $5,000 and $10,000.

In legal lingo, the plaintiff is the one who initiates the case by filing a complaint, while the defendant is the person or organization being sued, who must reply to the plaintiff's claims.

Cases Handled

Small claims court deals with various issues, such as:

• Eviction cases (summary ejectment): These are for disputes between landlords and tenants.
• Recovery of personal property: If you're trying to get back items like a vehicle valued at $10,000 or less.
• Motor vehicle mechanic and storage liens: This involves enforcing liens related to vehicle repairs or storage.
• Monetary claims: Here, the disputed amount should not exceed $10,000. Keep in mind that this limit can vary by county, so it’s wise to check with your local clerk of court for specifics. If your claim is higher than the small claims limit, you may need to file in district court for claims up to $25,000 or in superior court for amounts over $25,000.

Filing a Claim

Here are the essentials:

• Choice of Court: You can choose to file in either small claims court or district court based on the amount involved, case complexity, and your personal preference.
• Advantages of Small Claims Court: Many opt for small claims court because it offers a quicker, simpler process, making it easier for individuals to represent themselves without needing a lawyer. The reduced procedural requirements help streamline the experience.
• Jurisdiction: When filing in small claims court, it’s important to do so in the county where at least one of the defendants lives, ensuring the court has jurisdiction over them and is the right venue for your case.

Start to File your Case

When you’re ready to file, make sure to bring the following:

• Complaint Forms: Prepare three copies of your complaint form that details your claims and what you’re seeking. Depending on your case:
  • For monetary claims, use the money claim form.
  • For recovering personal property, use the property recovery form.
  • For eviction cases (summary ejectment), use the eviction form.
  • There are also specialized forms for expedited summary ejectment for vacation rentals, enforcement of motor vehicle liens, and vehicle recovery for lien purposes.
• Magistrate Summons: Bring three copies of the Magistrate Summons form. Fill out only the top section of the first page, including the names and addresses of everyone involved.
• Affidavit under the Servicemembers Civil Relief Act (SCRA): This affidavit verifies whether the defendant is an active-duty military member, ensuring compliance with the SCRA to protect their rights.
• Filing Fee: You’ll need to pay a $96 filing fee for small claims cases. If you can’t afford this fee, you can request to file as an indigent by using the appropriate form.

Since requirements can vary by location, it’s wise to check with your local clerk’s office to confirm the specific forms you need and the number of copies required. This will help ensure your filing is complete and aligns with local procedures.

Service the Defendant

Once you’ve filed your case, it’s crucial to properly serve the defendant with the summons and complaint. Here are your options:

• Sheriff’s Service: You can have the local sheriff serve the defendant. This usually costs about $30. The sheriff will deliver the documents in person.
  • Steps:
    1. Contact the sheriff’s office in the defendant’s county.
    2. Provide the original summons and two copies of the complaint.
    3. Pay the service fee.
    4. The sheriff will attempt to deliver the documents personally.
• Certified Mail: Alternatively, you can serve the defendant by mailing the summons and complaint via certified mail with a return receipt. This ensures the defendant signs for the documents, giving you proof of service.
  • Steps:
    1. Get a certified mail form and return receipt card from the post office.
    2. Mail the original summons and two copies of the complaint to the defendant’s last known address.
    3. Fill out the certified mail form and attach the return receipt card.
    4. When the defendant signs for the mail, the return receipt will come back to you as proof.

Proper service is essential for the court’s jurisdiction over the defendant and to proceed with your case. After serving, file the return receipt (if using certified mail) or the sheriff’s affidavit of service with the court to confirm service was completed. If you have any questions, it’s best to consult with the clerk of court to ensure you’re following all necessary rules and procedures.

Court Cost

Here’s a breakdown of the fees you can expect when filing a small claims case:

• Filing Fee: Currently, the fee to file a small claims case is $96. This covers the initial filing and the first attempt to serve the defendant.
• Service of Process Fee: If more attempts are required to serve the defendant, there may be additional fees for each extra attempt.
• Other Fees: You might encounter other costs for specific motions or requests throughout the case, such as filing a Notice of Appeal or getting copies of court documents.

If the plaintiff wins the case, the magistrate may order the defendant to reimburse the plaintiff for court costs, which typically include the filing fee, service fees, and other reasonable litigation expenses. On the flip side, if the plaintiff loses, they generally bear their own court costs.

While small claims court fees are relatively low compared to other court proceedings, they are still an important consideration when deciding whether to pursue or defend a claim.

Court Process

If you’ve received a complaint, here’s what to do:

1. Appear in Court: Make sure to attend the hearing on the scheduled date and time. Not showing up can result in a default judgment against you.
2. Consider Your Options:
   • File an Answer: While not required, you can submit a written answer to the plaintiff’s complaint to present your defenses or objections.
   • File a Counterclaim: If you have a related claim against the plaintiff, you can file a counterclaim, which usually needs to be served to the plaintiff through the sheriff or certified mail.
3. Service of Documents:
   • Answer: If you file an answer, send it to the plaintiff via regular mail.
   • Counterclaim: Serve the counterclaim on the plaintiff using the sheriff or certified mail for proper notification.
4. Prepare for Court: Gather all relevant documents, evidence, and witness information to support your case. Be ready to present your side effectively.
5. Attend the Hearing: Arrive early with 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 outcome, you may have options to appeal based on local rules and procedures.

Court Day

In Union County, here's how court dates are typically set:

• General Small Claims Cases: Your court date will usually be scheduled within 30 days from when the plaintiff files the case with the clerk of superior court.
• Eviction Cases (Summary Ejectment): These cases are generally scheduled more quickly, often within 10 to 15 days from the filing date.

The clerk will determine the court date at the time of filing and will include this information on the magistrate summons form, which will be served to you with the details of the hearing.

It's crucial to attend the hearing at the scheduled time. Missing it without a valid reason could result in a default judgment against you.

If you have any questions about your court date or need to reschedule, reach out to the clerk of the superior court's office as soon as possible.

Someone Doesn’t appear at the Court

The consequences of missing a court date in small claims court differ for plaintiffs and defendants:

• Plaintiff Does Not Appear: If the plaintiff fails to show up, the case is usually dismissed. However, the court may allow the plaintiff to request a continuance (rescheduling) if they have a valid reason for their absence.
• Defendant Does Not Appear:
  • Not Properly Served: If the defendant was not properly served with the summons and complaint, the court will typically postpone the case to allow for proper service.
  • Properly Served: If the defendant was properly served but does not attend, the magistrate may proceed with the case and likely rule in favor of the plaintiff, resulting in a default judgment.

If you can’t attend your hearing due to a legitimate reason, such as illness or an unavoidable conflict, contact the court as soon as possible to request a continuance and explain your situation.

Continuance

If Served Less Than 5 Days Before Court:

• General Cases: If you receive service less than 5 days before the court date (or less than 2 days for eviction cases), you are entitled to request a continuance. This means the court must grant you additional time to prepare and respond to the case. The continuance is automatic upon your request in these situations.

If Served More Than 5 Days Before Court:

• If you are served with more than 5 days' notice, the magistrate will determine whether to grant a continuance based on your ability to demonstrate "good cause." Good causes typically include circumstances beyond your control that hinder your ability to attend or prepare, such as illness or unavoidable scheduling conflicts.

Requesting a Continuance:

• Notification: To request a continuance, inform the court as soon as possible and provide valid reasons for needing more time. Make sure to communicate your request to all parties involved to ensure fair handling of the case.

Magistrate’s Decision:

• The magistrate will review your request and may ask for more details about your situation. If the other party objects, you may need to present compelling reasons to convince the magistrate to grant the continuance.

Preparing for the New Court Date:

• Once a continuance is granted, use the extra time effectively to prepare your defense or gather necessary evidence. Be sure to adhere to any new deadlines or requirements set by the court to ensure your case is properly managed.

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 another reason—here’s what you need to know:

Voluntary Dismissal Form

• You’ll need to complete a specific form provided by the court to formally request the dismissal of your case.

Timing of Filing

• You can file the voluntary dismissal form either before the scheduled court hearing or on the day of the hearing. If you file the form before the court date, neither you nor the defendant needs to attend the hearing.

Compulsory Counterclaims

• You can file a voluntary dismissal as long as there are no pending compulsory counterclaims. These are claims that the defendant must raise in the same case, typically related to the same issue or incident.

Effect of Dismissal

• Once the voluntary dismissal is filed and accepted by the court, your case will be officially dismissed. This means all proceedings will cease, and the case will be closed.

Settlement and Agreements

• If you’ve reached a settlement with the defendant, filing the voluntary dismissal can help finalize the resolution. Ensure that all settlement terms are clearly agreed upon before submitting the dismissal form.

Legal Counsel

• If you have questions about the voluntary dismissal process or its implications, consulting with a lawyer can provide valuable guidance tailored to your situation.

Trial

In small claims court, trials are straightforward and typically conducted by a magistrate rather than a judge or jury. Here’s how these trials usually proceed:

Format of the Trial

• Quick and Informal: Small claims trials are designed to be brief and less formal.
• No Jury: The magistrate alone decides the case.

Location

• Courtroom or Magistrate’s Office: Depending on the county, proceedings may take place in a courtroom or sometimes in the magistrate’s office.

Order of Proceedings

1. Plaintiff’s Presentation: The plaintiff begins by presenting their case, which includes testifying, calling witnesses, and submitting evidence like documents or recordings.
2. Witness Examination: After each plaintiff's witness testifies, the defendant has the chance to cross-examine them.
3. Defendant’s Presentation: Once the plaintiff has finished, the defendant can present their case, including their own testimony, witnesses, and evidence.
4. Cross-Examination: The plaintiff can cross-examine any witnesses called by the defendant.

Magistrate’s Role

• The magistrate may ask questions throughout the trial to clarify issues or gather additional information.

Decision

• The magistrate may announce their decision immediately after both sides have presented their cases.

Judgment

• The magistrate’s decision is usually final in small claims court. However, there may be options to appeal in certain situations, depending on local rules.

Informality and Efficiency

The small claims process is intentionally designed to be less formal and more accessible than traditional court proceedings, allowing individuals to present their cases without extensive legal complexities.

Representation

• In small claims court, hiring an attorney is not necessary. Many individuals choose to represent themselves because the process is designed to be user-friendly and accessible, even without legal expertise.
• While court staff can assist with procedural questions, they cannot provide legal advice specific to your case.
• If you decide to represent yourself, be prepared to follow the same court rules and procedures that an attorney would.

Judgments and Collections

A judgment is the court's formal decision detailing the rights and obligations of the parties involved, specifying any amounts owed or property entitlements. After obtaining a money judgment, parties often 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 interest accrues if it remains unpaid.

Key Steps After a Judgment

• Appeal Period: The prevailing party must wait 10 days for the other party to appeal. If no appeal is filed, the judgment becomes final.
• 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.

Exempt Property

Debtors can claim certain property as exempt from seizure by:

1. Receiving a Notice of Right to Have Exemptions Designated from the clerk.
2. Filing a Motion to Claim Exempt Property within 20 days or requesting a hearing. Legal assistance is available for those who need help with this process.

If exempt property is claimed, the sheriff will only collect nonexempt property. Any objections to the claimed exemptions will be resolved by a district court judge.

Payment and Enforcement

• Judgment Duration: Judgments are valid for 10 years and can be renewed once. If the sheriff can’t find property, the winning party can issue a new notice in the future.
• 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 child support cases.

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 your 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 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 of the superior court’s office.

3. Service Requirement

• Notification: You must serve a copy of the Notice of Appeal to the other party involved. This informs them of your intention to appeal and provides them with a record of the appeal.

4. Court Costs

• Payment: The appellant (the party filing the appeal) is responsible for paying the court costs associated with the appeal. If these costs are not paid, your appeal may be dismissed.
• Indigent Status: If you cannot afford the costs, you may file a petition to appeal as an indigent using a specific form. This 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. This bond serves as a guarantee that you will pay any judgment if the appeal is unsuccessful.

6. Next Steps

• Retrial: After your appeal is processed, your case will be retried in district court, giving you the opportunity for a fresh review by a judge or jury.

7. Legal Considerations

• Advice: It’s advisable to seek legal counsel, especially if your case is complex. An attorney can provide guidance on the appeal process and represent your interests effectively in district court.

Satisfied the Judgment

Judgment Validity

• Duration: In North Carolina, a judgment is valid for 10 years from its issue date and can be renewed once, extending its enforceability to a total of 20 years.

Renewal Process

• Extension: If initial collection efforts fail, you can renew the judgment to keep it enforceable for an additional period, allowing more time to collect the debt.

Sending New Notice

• Re-notification: If initial attempts to collect are unsuccessful, you can issue a new Notice of Right to Have Exemptions Designated and a Motion to Claim Exempt Property. This provides the debtor another opportunity to protect certain property from seizure.

Legal Advice

• Consultation: It’s advisable to seek legal assistance for renewing the judgment and navigating additional enforcement measures. An attorney can help clarify the process and improve your chances of successfully collecting the debt.

Courthouses Location:

Union County Judicial Center

400 North Main St
Monroe, NC 28112
(704) 698-3100
https://www.nccourts.gov/locations/union-county/union-county-judicial-center

BUILDING HOURS

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

Mailing address
Union County Judicial Center
PO Box 5038
Monroe, NC 28112\

Let Squabble Help You With Your Small Claim at Union County

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