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Civil Division Civil actions involve disputes between individuals or corporate entities and usually involve property or monetary disagreements. A civil action is usually filed in one of three court divisions depending on the monetary amount or the type of relief requested by the parties to the action.
Small Claims Court (Magistrates Court) Small claims court or magistrates court as it is sometimes referred to, limits the jurisdictional amount to amounts less than $5,000.00 and is more informal than District or Superior Court. Some examples of small claims actions include actions for summary ejectment , complaints for money owed, or complaints to recover specific personal property. Generally, forms for most of these actions are available in the Clerk’s office and it is not necessary that you have an attorney represent you. The filing fee established by the North Carolina General Assembly for Small Claims actions is $70.00. There is an additional service of process fee by the Sheriff in the amount of $15.00 per defendant. Civil District and Superior Court Divisions Civil District Court has jurisdiction of all matters involving amounts less than $10,000.00, appeals from small claims court, child support, contract disputes and domestic/family law cases. Appeals from the Civil District Division are directly to the North Carolina Court of Appeals in Raleigh. The Superior Court division has jurisdiction over actions with amounts in controversy over $10,000.00, injunctive and declaratory relief without regard to the amount, condemnation actions, appeals from special proceedings, and all appeals from decisions of the Clerk (except adoptions). Appeals from this Court are also to the North Carolina Court of Appeals in Raleigh. You should always employ an attorney for representation in these courts because you may forfeit important legal rights which you are entitled to assert. These courts are much more formal and very few forms are available for your use in these tribunals. The filing fee for District Court cases is $92.00 (except in uncontested divorce cases where the filing fee also requires a administrative fee of $167.00.) The filing fee for Superior Court cases is $112.00 plus a service fee. The Assistant Clerk in charge of Civil District and Civil Superior Court is Ms. Lynda Howell. She may be reached at 828-682-2122. |
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