On Your Own North Carolina Small Claims Court: A Debt Collection Guide for North Carolina BusinessesUniversal-Publishers, 1998 - Počet stran: 240 If you are interested in representing yourself or your business in Small Claims Court in North Carolina in order to collect your debts or settle disputes, ON YOUR OWN - NORTH CAROLINA SMALL CLAIMS COURT is the book for you! Employing an attorney to represent you or your business may or may not make economic sense. The debt you are seeking to recover may be less than the fee charged by an attorney. While it may be economically desirable for an attorney to represent you or your business in Small Claims Court in some situations, you may find it more advantageous to represent yourself or your business ON YOUR OWN. An individual or business with a small claim may wish to pursue the indebtedness without an attorney, but may not possess sufficient knowledge about the way the court operates to feel competent to do so. If the debt is too small to justify employing an attorney or if the case never gets to court because the plaintiff does not have an adequate amount of knowledge of his or her interests, the debt goes unpaid. The plaintiff loses either way, because the debt is still not paid. By reading and studying this book, you will gain knowledge to assist you in maintaining more control over your bottom line. Larger net profits are important for any business enterprise. The materials contained on the pages of this book will show you how to better manage your company's small claim debt collection efforts by effectively using the Small Claims Court. You should be able to significantly increase your odds of collecting your judgment in Small Claims Court -- a court specifically designed by state law for the litigant with multiple small claims. ON YOUR OWN - NORTH CAROLINA SMALL CLAIMS COURT is a book that offers basic guidance to the individual who has never been to Small Claims Court, yet provides material that should be of assistance to the individual who has represented himself or his business on a regular basis. I cannot overemphasize methodical study and understanding of the law. If this book is read with care and understood, it will be helpful to you in the collection of small claims and the settlement of disputes. Mary Anne Nixon Attorney at Law |
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Jurisdiction Who Can I Sue? How Much Can I Collect? What Kinds of Cases Can I Take to Court? | 9 |
Magistrate Court Jurisdiction The North Carolina Statute | 10 |
Lawsuits For Monetary Relief | 12 |
Defendant Must File An Answer | 67 |
Presentation of the Case What Occurs During the Trial? | 71 |
The Defendant Does Not Contest the Case of the Plaintiff | 72 |
The Oath or Affirmation | 73 |
Presentation of Defendants Case | 77 |
Plaintiffs Rebuttal | 78 |
Judge Jury Returns Verdict | 79 |
Collections Part I How Do I Determine What Assets Are Available from the Debtor to Satisfy My Judgment? | 81 |
Bad Checks | 13 |
Intentional Torts | 14 |
Prepayment of Court Costs | 15 |
Venue Where Do I Sue? | 17 |
Residents Two or More Defendants | 18 |
NonResident Defendants Who Cannot Be Found In County For Service of Process | 19 |
Court Proceedings What Can I Expect in Small Claims Court? | 21 |
Informal Proceedings | 22 |
Adversarial Proceedings | 23 |
Conduct in Court | 24 |
Truthfulness | 25 |
Witnesses | 26 |
The Cause of Action What Kind of Case Do I Have and What Must I Prove to Win My Lawsuit? | 29 |
Open Accounts | 30 |
Contracts | 31 |
Bad Checks | 32 |
Recovery of Property | 33 |
Rules of Evidence Is My Evidence Admissible In Court? | 35 |
Rules of Evidence in Small Claims Court | 36 |
Types of Evidence | 37 |
Documentary Evidence | 38 |
Testimonial Evidence | 39 |
Relevancy | 40 |
Best Evidence Rule | 41 |
Business Records | 42 |
Lawyer and Client | 43 |
Clergyman and Penitent | 44 |
Case Preparation How Do I Prepare My Case for Trial? | 45 |
Locate and Safeguard Evidence | 46 |
Real Evidence | 47 |
List Witnesses | 48 |
Conclusion | 51 |
Money Damages What Damages Am I Entitled To? | 53 |
Compensatory Damages | 54 |
Tort Cases | 55 |
Interest On Judgments | 56 |
Mitigation of Damages | 57 |
Case Initiation and Preliminary Steps in the Lawsuit How is the Lawsuit Started? | 59 |
Statutes of Limitations | 60 |
Statue of Frauds Is My Oral Contract Enforceable? | 64 |
Suretyship The Promise to Answer for the Debt of Another | 65 |
Steps in the Lawsuit | 66 |
Asset Disclosure Hearing Judgment Debtor Examination by Judgment Creditor | 82 |
Independent Identification of Judgment Debtors Assets | 83 |
Automobiles | 84 |
Other Personal Property | 85 |
Conclusion | 86 |
Collections Part II What Judicial Tools are Available to Compel the Defendant to Pay My Judgment? | 87 |
Tangible Personal Property | 88 |
Real Property | 89 |
Proceeding Against the Debtors Property | 91 |
Conclusion | 92 |
Collections Part III How Can I Use Liens to Compel the Defendant to Pay My Judgment? | 93 |
Filing of Liens | 94 |
Liens on Personal Property | 96 |
Liens on Real Property | 97 |
Conclusion | 100 |
Bankruptcy What Impact Does the Debtors Bankruptcy Have on my Judgment? | 101 |
Types of Bankruptcies | 102 |
Chapter 11 Reorganization | 103 |
Chapter 13 Wage Earner or Individual with Regular Income | 104 |
Types of Creditor Claims | 105 |
Impact of Bankruptcy of Creditor Claims | 106 |
Other Creditor Strategies | 109 |
Fraudulent Transfers | 110 |
Denial of Discharge | 111 |
Alternatives to Small Claims Court What Choices Do I Have Other Than Small Claims Court? | 113 |
Mediation and Arbitration Will Either of These Work for My Company or Me? | 114 |
Conclusion | 116 |
DISCLAIMER | 117 |
COMMENTS ON THE CONTENTS OF THE APPENDICES | 118 |
North Carolina Magistrate Court Forms and Exhibits | 119 |
Demand Letter | 127 |
Asset Disclosure Hearing Questions to Ask as a Judgment Creditor | 131 |
Blank Trial Outline | 137 |
Selected North Carolina Statutes | 143 |
Trial Outline Exercise | 165 |
Selected North Carolina Garnishment Statutes | 173 |
Selected North Carolina Lien Statutes | 177 |
Ready Reference Guide to Often Asked Questions About North Carolina Small Claims Court | 193 |
Glossary | 197 |
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1989 as amended ABC Company amount in controversy answer appeal Appendix arbitration asset disclosure hearing attorney bankruptcy Carolina Small Claims cause of action Chapter 11 civil claim of lien clerk of superior complaint contract corporation Court Clerk court costs court proceedings creditor holding damages default defendant determine dispute docket document dollars enforcement execution exemptions filed furnished garnishee issue judgment creditor judgment debtor jurisdiction jurors jury trial lawsuit lien claimant lienor Magistrate Court North Carolina Small notice Olsen Properties open account owner party payment personal property plaintiff present procedure promissory note questions real evidence real property record request resides rules of evidence Section secured claim secured creditor security interest service of process Small Claims Court statement Statute of Limitations Statutes of North superior court testify testimony tort Towe trial outline United States Code unsecured venue voir dire witness