Guide to Small Claims Court Legal Aid in North Carolina

INSTRUCTIONS FOR FILING A SMALL CLAIMS CASE

These standard instructions are for informational purposes only and do not constitute legal advice about your case.

GENERAL INFORMATION

◆ The Small Claims Court handles only certain cases per §13-6-403, C.R.S. Some examples are claims to recover money or property, perform or set aside a contract, or comply with restrictive covenants.

◆ If the claim amount exceeds $7,500.00, you may waive the balance over $7,500.00.

◆ You are not allowed to divide the claims into two separate cases.

◆ You cannot file more than two claims in any Small Claims Court in a County during a month nor more than 18 claims in a County during a calendar year.

◆ The Statute of Limitations varies depending upon the type of claim.

◆ The legal rate of interest is 8% compounded annually.

◆ All actions in the small claims court shall be brought in the county in which at the time of filing of the claim any of the defendants resides, or is regularly employed, or has an office for the transaction of business, or is a student at an institution of higher education. In an action to enforce restrictive covenants or arising from a security deposit dispute, the action may be brought in the county in which the subject real property is located.

◆ Mediation/settlement assistance may be required in some Small Claims Courts.

◆ All cases are heard before a Magistrate or Judge. Jury Trials are not allowed.

◆ If you are the Defendant do not disregard the Notice, Claim and Summons to Appear for Trial. A judgment could be entered against you, and the other party could start collection procedures.

◆ If you are the Plaintiff do not disregard a response or counterclaim. A judgment could be entered against you, and the other party could start collection procedures.

◆ The Court cannot collect your judgment for you.

◆ For additional information, please review the Colorado Rules of Procedure for Small Claims (Rules 501 – 521).

◆ If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator.

COMMON TERMS

Plaintiff: The person(s) company or other entity who filed the lawsuit.

Defendant: The person(s), company or other entity that the case is filed against.

Complaint: The Notice, Claim, and Summons to Appear for Trial form stating the amount claimed and the reason for the claim.

Summons: The section of the Notice, Claim, and Summons to Appear for Trial form which informs the Defendant when and where to appear.

Response: The section of the Notice, Claim, and Summons to Appear for Trial form where the Defendant can state why the claim is not true or is inaccurate as to the amount.

Counterclaim: The part of the response that says why the Plaintiff owes the Defendant money or property.

Service of Process: The official means by which the Notice, Claim and Summons to Appear for Trial is delivered to the Defendant to notify him/her that a lawsuit has been filed.

Default order: If the Defendant does not appear at the time of the Court Trial, the Court may enter a “default” order which may entitle the Plaintiff to all or some of the relief identified in the Notice, Claim and Summons to Appear for Trial.

Trial Date: The date that the Plaintiff and Defendant must appear in Court, which is listed on the Notice, Claim, and Summons to Appear for Trial.

Mediation: A confidential, informal process in which a trained neutral third party helps people in conflict to negotiate a mutually acceptable agreement.

May: In legal terms, “may” is defined as “optional” or “can.”

Shall: In legal terms, “shall” is defined as “required.”

FEES

The filing fee varies based on the amount of the claim. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide if you need to pay the filing fee.

◆ Claim up to $500.00: $31.00

◆ Claim $500.01 to $7,500.00: $55.00

Response fees paid by the Defendant are as follows:

Response without a counterclaim:

◆ Claim up to $500.00: $26.00

◆ Claim $500.01 to $7,500.00: $41.00

Response with a counterclaim:

◆ If Plaintiff’s claim is $500.00 or less and counterclaim is $500.00 or less: $31.00

◆ If Plaintiff’s claim is more than $500.00 or counterclaim is more than $500.00 and is not more than $7,500.00: $46.00

Other fees that a party to the case may encounter are as follows:

□ Copies of Documents (Documents on File) $ .75 per page or $1.50 if double-sided

□ Copies of Documents (Documents not on File) $ .25 per page or $.50 if double-sided

□ Service Fees Varies (Payable to Process Server)

□ Certification Fee $20.00

□ Writ of Garnishment $45.00

□ Transcript of Judgment $25.00

□ Satisfaction of Judgment $20.00

FORMS

To access forms online, go to the website at www.courts.state.co.us and click on the “Forms” Tab. The forms are available in PDF or WORD by selecting “Small Claims”.

JDF 250 is the initial form that you will need to file a Small Claims Case.

□ JDF 250 Notice, Claim, and Summons to Appear for Trial

□ JDF 75 Stipulation

□ JDF 254 Subpoena or Subpoena to Produce

STEPS TO FILING YOUR CASE

Step 1: Complete the Notice, Claim, and Summons to Appear for Trial (JDF 250).

□ Identify the names(s) and addresses of the Plaintiff(s) and Defendant(s) in the caption.

□ If the Defendant(s) is/are a business or an entity, determine who the registered agent is to complete service on the Defendant(s).

□ If the Defendant is a governmental agency, you may be required to file a written notice with the Attorney General or other government representative prior to filing your case.

□ Please answer all four questions with a Yes or No.

□ The Court will complete the box with the scheduled Court Trial date once you file your papers.

□ Under the Plaintiff(s) claim section please write a brief description of your claim.

□ If you are completing JDF 250 using the WORD or PDF version, make sure that you complete all 4-parts of the form.

□ Do not attach any exhibits or paperwork to this form.

Step 2: File your Form with the Court.

□ Provide the Court with the Form. If you are completing the form using the WORD or PDF version, bring all four parts (7 pages) with you to Court.

□ Pay the filing fee of $31.00 or $55.00 as appropriate.

□ The Court will complete the section that identifies the date and time for the Court Trial.

Step 3: Serve the Notice, Claim, and Summons to Appear for Trial

□ It is important that service be completed at least 15 days before the trial date.

□ A separate copy of the “Defendant’s copy” must be served on each Defendant.

□ You have two options to complete service.

Personal Service

□ Select either the Sheriff’s Department, a private process server, or someone you know who is 18 years or older, who is not a party to the case, and who knows the rules of service to serve each Defendant.

□ Provide the process server with one copy for each Defendant of the Notice, Claim, and Summons to Appear for Trial “Defendant’s copy” and the “Affidavit of Service” portion.

□ The process server will return the completed Affidavit of Service portion of this form to you to bring and file with the Court before or on the day of your Court Trial.

□ Keep a copy of the Affidavit of Service for your records.

Certified Mail by the Clerk of Court

□ You can request that the Court send the notice by certified mail.

□ You will be required to pay the cost of certified mail at the time you file your case.

□ If certified mail cannot be completed, you will still need to have a sheriff or process server serve the form.

PREPARING FOR MEDIATION

Mediation can be an effective way to resolve your dispute. In mediation, a neutral third party works with the parties in a confidential setting to help them negotiate a mutually acceptable agreement.

You should bring any legal or financial documents and any other information relating to the dispute with you to the mediation.

POSSIBLE OUTCOMES FROM MEDIATION

□ You and the other party may reach a stipulation/agreement. Prepare a stipulation form (JDF 75) to identify the agreement.

□ The party may agree that the money is owed and payment is made. Prepare a stipulation form (JDF 75) to identify the agreement and payment made.

□ If you and the other party do not reach a stipulation/agreement, then you will have a Court Trial.

PREPARING FOR THE COURT TRIAL

It is important that you are on time or early for your Court Trial and that you have all of your information with you.

□ Before your court date, ask the Clerk if you can observe a small claims court trial.

□ Determine the evidence that you may need. It is best to organize and label all exhibits, if you have more than one.

□ Determine if you will need any witnesses.

□ Before you appear in court, highlight the key issues you would like to present.

POSSIBLE OUTCOMES FROM YOUR COURT TRIAL

□ The Magistrate or Judge will usually determine the facts, who won, and the amount of the judgment.

□ The party who was awarded the judgment is responsible for collecting the money.

□ The Court may provide the person who owes the money with interrogatories to help identify where the party works, money held in accounts, and property that the debtor owns.

□ Additional collection information is available on the website under Garnishments.