Disclaimer: Most of the information on this page applies to North Carolina State Court. If your case involves activities outside of North Carolina, federal law and/or parties who are residents of other states; you may need to sue in Federal Court. Federal Court has similar types of rules, i.e., deadlines, requirements to file an answer, etc, therefore, you should contact an attorney immediately.
Do I have to file a lawsuit to settle the matter?
Often cases are settled without filing a lawsuit. For many cases, a demand package is sent to the opposing party, or their attorney, detailing the wrong done and proposing a settlement. A demand package is not appropriate in every case. Moreover, when settlement cannot be reached, a lawsuit must be filed.
Some topics to consider before filing a lawsuit?
The basis for the claim has to be thought out. Is it a matter of your ownership or contractual entitlement or some other basis?
The remedy also needs to be clearly identified. Is it money - and if so at what stage is the loss measured? Is it an order for delivery of something - or to declare some right? Are there protective early measures which can be taken because of risk of your opponent disappearing or his assets doing so? Has the claim been clearly put to the opponent, or have there been general complaints which lacked focus on what was wrong and what is required? The person who files a lawsuit is called a plaintiff. The person who has been sued is called the defendant. The defendant must defend against the allegations and charges in the lawsuit As the plaintiff, you have to assess your chances of getting the remedy out of the defendant, even with a court order. You may received a Judgment but the defendant may not have any money to pay.
What courts would you go to?
Usually you must sue where the opponent resides or carries on business although in consumer contracts.
♦ Small Claims Court - Small Claims Court handles civil cases where a plaintiff, i.e., the person suing, requests assignment to a magistrate and the amount in controversy is $5,000 or less. Usually the plaintiff principally request money, the recovery of specific personal property or summary ejectment (eviction). A magistrate presides over small claims court. There is no jury and usually no lawyers A person who loses in small clams court may appeal to the District Court.
♦ District Court - District Court handles civil cases such as divorce, custody, child support and cases involving less than $10,000.
♦ Superior Court - Superior Court handles civil cases involving more than $10,000. In the civil cases, juries are often waived. Some district court cases can be appealed to the Superior Court.
♦ Court of Appeals - The Court of Appeals is North Carolina's only intermediate appellate court. Fifteen judges sit in rotating panels of three, deciding only questions of law on every case appealed from the Superior and District courts, except death penalty cases. Appeals can range from a parking ticket case to a murder case. Cases in which there is a dissent in the Court of Appeals go to the Supreme Court as well as those that the Supreme Court accepts for review through petition.
♦ Supreme Court - The Supreme Court of North Carolina is the state's highest court, and there is no further appeal in the state from their decisions. This court has a chief justice and six associate justices who sit together as a panel in Raleigh. The Supreme Court has no jury, and it makes no determination of fact; rather, it considers error in legal procedures or in judicial interpretation of the law.
Are there time limits?
Every case must be filed within a certain period of time, called the "Statute of Limitations". The Statute of Limitations varies depending on the type of case. Failure to file a case within the appropriate statute of limitations will forever bar your claim. In addition, there are many deadlines imposed by court rules during a case and they will only be excused where there is a good reason. Therefore, it is important you contact an attorney as soon as possible to determine when your specific statute of limitations expires.
Although it is impossible to put information about every potential lawsuit, we have provided some additional information on some areas of law. Please click below for more information on the following topics:
Please contact us at (704) 662-3557 or submit your case for review on our Case Review Page to discuss your rights.
Please see the disclaimer page. Copyright 2011 by Law Office of Natalie J. Miller, PLLC. 548 Wiliamson Road, Suite 2, Mooresville, North Carolina 28117
