Suing Family In Court

Summary

You can take your cousin to small claims court in north carolina even without a written contract. North carolina small claims court handles disputes involving amounts up to $10,000. Evidence such as text messages, emails, or witness testimony can support your claim. Keep records of all communications and work details. File your case in the county where your cousin lives or where the job was done. Obtain and complete the complaint form, pay the filing fee, and serve your cousin with a copy of the complaint. Prepare for the hearing by gathering evidence and presenting your case clearly to the judge. If you win, the judge will issue a judgment in your favor. If your cousin doesnt pay voluntarily, additional steps may be needed to collect the money.

Full Conversation

Yes i would
Great! Here are the steps to file a small claims case in North Carolina:
*. Identify the Correct Court: File in the county where the defendant (your cousin) lives or where the dispute occurred.
*. Prepare Your Complaint: Complete the complaint form (AOC-CVM-*).
*. File the Complaint: Submit the form to the Clerk of Court’s office and pay the filing fee.
*. Serve the Defendant: Ensure your cousin receives a copy of the complaint.
*. Attend the Hearing: Present your evidence and testify before the judge.
Would you like more information on any specific step?
Yes a detailed step of paper filing please
Sure! Here's a detailed step-by-step guide on how to file a small claims case in North Carolina:
*. Identify the Correct Court:
- File your case in the county where your cousin lives or where the job was done.
*. Prepare Your Complaint:
- Obtain the complaint form (AOC-CVM-*) from the Clerk of Court’s office or online.
- Fill out the form with details about your claim, including a description of the work done, the amount owed, and any supporting evidence.
*. File the Complaint:
- Take the completed complaint form to the Clerk of Court’s office.
- Pay the filing fee, which is usually around $*. This fee can vary, so check with the local court.
*. Serve the Defendant:
- The court will help you serve your cousin with a copy of the complaint and a summons. This can be done via certified mail, sheriff’s service, or a private process server.
- Ensure that proof of service is filed with the court.
*. Prepare for the Hearing:
- Gather all evidence, such as text messages, emails, photos, and any witnesses who can testify on your behalf.
- Organize your evidence clearly to present it effectively to the judge.
*. Attend the Hearing:
- Arrive at the court on the scheduled date and time.
- Present your case, evidence, and any witnesses to the judge.
- Be clear and concise in explaining your claim.
*. Post-Hearing:
- If you win the case, the judge will issue a judgment in your favor.
- If your cousin doesn't pay the judgment voluntarily, you may need to take additional steps to collect the money, such as wage garnishment or lien.
Would you like any more details on any of these steps?