7A-213. Procedure for commencement of action; request for and notice of assignment.
The plaintiff files his complaint in a small claim action in the office of the clerk of superior court of the county wherein the defendant, or one of the defendants resides. The designation "Small Claim" on the face of the complaint is a request for assignment. If, pursuant to order or rule, the action is assigned to a magistrate, the clerk issues a magistrate summons substantially in the form prescribed in this Article as soon as practicable after the assignment is made. The issuance of a magistrate summons commences the action. After service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff. The notice of assignment identifies the action, designates the magistrate to whom assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting. (1965, c. 310, s. 1; 1969, c. 1190, s. 19; 1971, c. 377, s. 9.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 7A - Judicial Department
Article 19 - Small Claim Actions in District Court.
§ 7A-210 - Small claim action defined.
§ 7A-211 - Small claim actions assignable to magistrates.
§ 7A-211.1 - Actions to enforce motor vehicle mechanic and storage liens.
§ 7A-212 - Judgment of magistrate in civil action improperly assigned or not assigned.
§ 7A-213 - Procedure for commencement of action; request for and notice of assignment.
§ 7A-214 - Time within which trial is set.
§ 7A-215 - Procedure upon nonassignment of small claim action.
§ 7A-217 - Methods of subjecting person of defendant to jurisdiction.
§ 7A-218 - Answer of defendant.
§ 7A-219 - Certain counterclaims; cross claims; third-party claims not permissible.
§ 7A-220 - No required pleadings other than complaint.
§ 7A-221 - Objections to venue and jurisdiction over person.
§ 7A-222 - General trial practice and procedure.
§ 7A-223 - Practice and procedure in small claim actions for summary ejectment.
§ 7A-224 - Rendition and entry of judgment.
§ 7A-225 - Lien and execution of judgment.
§ 7A-226 - Priority of judgment when appeal taken.
§ 7A-227 - Stay of execution on appeal.
§ 7A-229 - Trial de novo on appeal.
§ 7A-230 - Jury trial on appeal.