Small Claims Court Moncton Phone Number

A small claims case is filed with the registry of the Supreme Court of the district concerned. Forms can be printed and completed in advance, or the clerk of the Supreme Court can provide them to you. You must specify: Small claims must be filed in the county where at least one of the defendants resides, unlike district and superior court proceedings. Small Claims Court is part of the District Courts Division of the North Carolina Court System. Magistrates adjudicate cases in small claims court. The maximum amount that can be claimed in a minor matter ranges from $5,000 to $10,000, depending on the county. Yes, but trials are usually quick and are decided by a judge. There is no jury trial in Small Claims Court. Small Claims Court can be held either in a courtroom or in the magistrate`s office. The plaintiff first presents his case and may testify, call witnesses or present other evidence such as documents or records. The defendant may question the plaintiff`s witnesses about their testimony. Once the plaintiff closes his or her case, the defendant may also testify, call witnesses, and present evidence, and the plaintiff may question the defendant`s witnesses. The judge may ask questions of the parties and witnesses and announce his or her decision immediately after both parties have presented their arguments.

Provincial court judges have jurisdiction throughout the province and usually preside over 11 permanent courts. A person who is required to pay a monetary judgment may make full or partial payments to the clerk of the superior court to ensure that the court has a record of payments. Payment from the other party is also an option. A party who receives partial or full payment directly from the other party must inform the Registrar of all payments received and may submit a certificate of payment to the court as proof of receipt of payment. Legal Aid of North Carolina offers a guide to small claims in English and Spanish. This guide provides information on how to complete Small Claims Court forms. The courthouse is open Monday to Friday from 9 a.m. to 5 p.m.

All shops must be open by 4:30 p.m. Requests for deferrals must be made in writing and will not be reviewed by telephone. Any request for postponement shall be communicated to the parties. The judge reviews all applications when viewing the calendar on the scheduled hearing date. A hearing is usually scheduled and mailed to both parties. The parties must inform the Registry of the Supreme Court and the Coordinator of the Court of First Instance of any change of address while the case is pending. The new trial will be submitted to a judge unless a party requests a jury trial in writing within 10 days in due course. Cases involving money may be referred to arbitration. For more information about this process, see the Arbitration and Mediation Help topic. A plaintiff is a person or entity that brings a lawsuit. A defendant is a person or entity against whom legal proceedings are initiated. Small Claims Court hears claims for debts, damages or restitution of personal property up to a maximum of $20,000.

Claims are heard by an arbitrator (an experienced lawyer) and the process is slightly less formal than ordinary court proceedings. Small Claims Court is governed by the Small Claims Act and the General Order of the Act. There are special forms that must be used in Small Claims Court. Both parties also have the possibility to file petitions and send each other a preliminary communication to the District Court if they so wish. Because court proceedings in district courts are more complex, a party may benefit from hiring a lawyer for the district court, even if the party has not been represented in small claims court. For more information about civil litigation, see the Claims Help topic. Many people agree on the terms of payment after the court has decided how much money one party must pay to the other. If there is no agreement, the prevailing party can begin the collection process. The clerk of the higher court will register the judgment and interest will accrue if it is not paid. Either party may appeal the magistrate`s decision to the District Court in order to conduct a new trial before a judge or jury.

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