How Do I File a Claim in Yancey County, North Carolina, Small Claims Court?

A small claims suit can help you to recover monies owed to you.

A small claims suit may be brought for a variety of reasons. Claims involving tenant/landlord disputes, automobile accidents and property damage can be settled in small claims court. A claim can be filed by anyone who needs the assistance of the magistrate's court to settle a dispute. In addition, it is not necessary to hire an attorney to represent you in small claims court.



North Carolina's Yancey County allows its residents to file small claims suits for amounts up to $5,000.

Instructions

1. Determine if you have a case. In Yancey County, a smalls claims case may be filed for issues involving money owed, personal property and services rendered.

2. Obtain the physical address and legal name of the defendant. If you are suing a business, you need to obtain that business's registered name.

3. Gather evidence to support your claim. You may need to present your evidence when you file your small claims suit.

4. File a petition with the magistrate's court. The petition can be picked up from the court's clerk. In Yancey County, you can fill out the forms yourself or hire an attorney to do this on your behalf.

5. Pay the filing and service-of-process fee. This fee covers the cost of serving the defendant. If there is more than one defendant, a service-of-process fee must be paid for each one.

6. Wait for the court date. Once the defendant is served, a court date will be set by the courts. It is important for you to arrive at the court on time.

Tips & Warnings

• You can file an appeal if you lose in the civil district court. There may be additional fees associated with filing an appeal.

References

• Clerk of Superior Court: Yancey County North Carolina: Civil Division