Many legal matters are best handled with lawyer assistance. Some are not. I am often asked questions with regard to civil matters where the amount in controversy is $10,000.00 or less. For those cases, small claims court is a good option. The small claims court in Wake County and most of the surrounding counties are relatively “user friendly.” Below are answers to the most common questions I get when coaching a client through that process.
Where do I get the paperwork to get started?
I suggest my clients actually go to their local courthouse, especially if they live in Wake County. The Wake County Clerk of Superior Court has a special assistant clerk who handles nothing but small claims. Her office is on the 11th floor of the Wake County Courthouse and she is knowledgeable and helpful. You can also find the small claims complaint and magistrate summons (the two documents you need) on-line. But I find my clients typically have questions about how to fill out the paperwork so I encourage a trip to the courthouse, especially if you have never filed a small claim before.
What are the costs to file a small claims case?
They just went up. The filing fee in small claims court is now $96.00 (payable to the Clerk of Court) and the Sheriff charges $30.00 per defendant to serve the paperwork on the person you are suing.
Do I need to know any law or evidence Rules to be successful in court?
No, and most litigants do not hire lawyers for small claims court. The Magistrates (small claims court judges) are interested in a clear understanding of both parties’ positions in the case. They already know the law. At the trial, you will tell your side of the dispute not unlike “Judge Judy.” However, the typical small claims court case is much less entertaining than the cases on TV. Also, non-TV judges are not nearly as chatty or as loud.
Do I need documents to help explain my case?
If a document or other exhibit will assist the judge in understanding your position, you should take it and plan to show it to the court. The main thing is clarity. You want to be as concise and as clear as you can in the few minutes you are allotted to explain your side.
Can I sue in my own home county?
You must bring the small claims case in the county in which the defendant resides. Therefore, if the person you are suing resides in Wake County, you can bring the case in Wake County. However, if that person lives in Youngsville (for example), you must file the case at the Franklin County courthouse in Louisburg.
If I win the case and receive a judgment against the defendant, how do I get paid?
If the defendant does not immediately pay the judgment, (which they will sometimes do) and does not appeal the case to district court, the judgment will be filed in the judgment index book at the county courthouse. It will remain “on the books” for 10 years and can be renewed for an additional 10 years.
Do I sit back and wait to be paid, or can I do something proactive to collect the judgment amount?
There is a process for Sheriff’s execution on a judgment. It involves serving defendant debtor with a Notice of Rights to Designate Exemptions and then filing a request for a Sheriff’s execution. Both of these tasks are accomplished at the same courthouse where the verdict was rendered. There are some fees associated with these processes. There is not sufficient space in this article to explain the execution process in detail, but the clerks are also helpful in that regard.
Does a small claims court judgment effect the defendant’s credit?
Yes. The major credit reporting agencies do check judgment indexes periodically and will likely find your judgment. It will have a negative impact on their credit and that sometimes pushes them to pay the judgment if they have not done so previously.
Can either side appeal from an adverse verdict in small claims court?
Yes. The losing party can appeal to district court and get a new trial. There are some additional costs and paperwork associated with an appeal. The procedures in district court are a bit more formal than small claims court. The district court judges follow the Rules of Civil Procedure and the Rules of Evidence more strictly.