Each general district court also has a small claims division, in which lawyers are not admitted. You can sue the Small Claims Division up to $5,000. Court documents must be served (legally served) on all other parties. Documents must be served at least five days before the hearing. The documents inform all parties of the date, time and place of the hearing of the General District Court. This hearing may be the only way for the parties to have their dispute heard by a judge. In general, there are no standard forms for filing a lawsuit in North Carolina. Exceptions are eviction complaints, minor cases and domestic violence protection orders (see relevant help topics). You must submit your application to one of the two locations. A place is the county or city where the property is located. The other location is the county or city where the person or business you want to sue is located. Criminal cases involve violations of criminal law, such as assault or theft.

Criminal cases are usually initiated by law enforcement agencies and directed by a prosecutor, a lawyer who represents the government. A person convicted in criminal proceedings is liable to consequences such as imprisonment, probation or fines. For more information, see the Criminal Cases Help topic. On the other hand, civil cases deal with a variety of private disputes, from breach of contract to custody. In civil matters, one party may have breached or breached its obligations to another party, or two parties may have a dispute that the court must resolve. Civil cases may result in a sum of money being awarded or a court order to enforce or protect a party`s rights. If one party does not respond to hearings, requests for submissions, or questions in a statement, the other party may apply to the court for a “coercive order.” Failure to comply with a foreclosure order may result in penalties or payment of legal fees related to obtaining the order. Fair market value is not what you paid for the item when you purchased it. That`s not how much it will cost you to replace the item. It`s about how much a stranger would pay for the same item at a garage sale.

How do I bring an action for restitution of property? To bring this lawsuit, you must contact the registry of the General District Court. Ask for the right court form. To sue for restitution of property, complete a mandate in detinue. Although this form of court is called an “arrest warrant”, it is not used in criminal proceedings. It is used in a civil (not criminal) case. You must list each property element that you want to return and specify a value for each element. If you forget to put an item on sale, you will not be able to recover it without filing another mandate with Detinue. Where can I file a claim for restitution of property? You must submit your application to one of the two locations. A place is the county or city where the property is located. The other location is the county or city where the person or business you want to sue is located.

What are the stages of a trial before the District General Court? You also have to prove how much you are owed. It depends on the nature of the claim. In a lawsuit for money owed to you, such as unpaid debts or wages, you must prove the amount you owe. In a lawsuit for trespassing, you must prove the amount of damage or the market value of the property. Fair market value is not what you paid for the item when you purchased it. That`s not how much it will cost you to replace the item. It`s about how much a stranger would pay for the same item at a garage sale. (A verbatim transcript is a printed version of everything that is said in a court case. A clerk`s judgment transcript is a court form usually filed with the county clerk to collect money from a person). The tribunal has several complaint forms that you can use when writing your complaint.

The forms are available online and from the Pro Se admission unit. You can also write your own complaint without using a court form. How do I get a verbatim transcript of a court case? You should contact a lawyer immediately. As a general rule, you must submit a response to the requester`s complaint within 30 days. Failure to submit your response within the required time frame may result in default judgment against you. To find a lawyer to represent you in your case, see the “Find a lawyer” help section. Before suing someone for property restitution, you can try calling law enforcement. It`s theft for someone who takes your property and doesn`t return it. If law enforcement agrees that it could be theft, they can arrest the person who owns your property and file a criminal complaint against the person.

If they can, law enforcement will also retrieve your belongings for you. Discovery is a process in legal proceedings that allows parties to legally request documents and information related to the lawsuit prior to litigation.