7A-216. Form of complaint.
The complaint in a small claim action shall be in writing, signed by the party or his attorney, except the complaint in an action for summary ejectment may be signed by an agent for the plaintiff. It need be in no particular form, but is sufficient if in a form which enables a person of common understanding to know what is meant. In any event, the forms prescribed in this Article are sufficient under this requirement, and are intended to indicate the simplicity and brevity of statement contemplated. Demurrers and motions to challenge the legal and formal sufficiency of a complaint in an assigned small claim action shall not be used. But at any time after its filing, the clerk, the chief district judge, or the magistrate to whom such an action is assigned may, on oral or written ex parte motion of the defendant, or on his own motion, order the plaintiff to perfect the statement of his claim before proceeding to its determination, and shall grant extensions of time to plead and continuances of trial pending any perfecting of statement ordered. (1965, c. 310, s. 1; 1971, c. 377, s. 10.)
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.