reglab/housing_qa huggingface dataset:
NC Gen Stat § 7A-212 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-212 - Judgment of magistrate in civil action improperly assigned or not assigned.

 7A-212. Judgment of magistrate in civil action improperly assigned or not assigned.No judgment of the district court rendered by a magistrate in a civil action assigned to him by the chief district judge is void, voidable, or irregular for the reason that the action is not one properly assignable to the magistrate under this article. The sole remedy for improper assignment is appeal for trial de novo before a district judge in the manner provided in this article. No judgment rendered by a magistrate in a civil action is valid when the action was not assigned to him by the chief district judge. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-213 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-213 - Procedure for commencement of action; request for and notice of assignment.

 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.)
NC Gen Stat § 7A-214 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-214 - Time within which trial is set.

 7A-214. Time within which trial is set.The time for trial of a small claim action is set not later than 30 days after the action is commenced. Except in an action demanding summary ejectment, if the time set for trial is earlier than five days after service of the magistrate summons, the magistrate shall order a continuance. By consent of all parties the time for trial may be changed from the time set. For good cause shown, the magistrate to whom the action is assigned may grant continuances from time to time.  (1965, c. 310, s. 1; 2009-359, s. 1.)
NC Gen Stat § 7A-215 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-215 - Procedure upon nonassignment of small claim action.

 7A-215. Procedure upon nonassignment of small claim action.Failure of the chief district judge to assign a claim within five days after filing of a complaint requesting its assignment constitutes nonassignment. The chief district judge may sooner order nonassignment. Upon nonassignment, the clerk immediately issues summons in the manner and form provided for commencement of civil actions generally, whereupon process is served, return made, and pleadings are required to be filed in the manner provided for civil actions generally. Upon issuing civil summons, the clerk gives written notice of nonassignment to the plaintiff. The plaintiff within five days after notice of nonassignment, and the defendant before or with the filing of his answer, may request a jury trial. Failure within the times so limited to request a jury trial constitutes a waiver of the right thereto. Upon the joining of issue, the clerk places the action upon the civil issue docket for trial in the district court division. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-216 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-216 - Form of complaint.

 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.)
NC Gen Stat § 7A-217 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-217 - Methods of subjecting person of defendant to jurisdiction.

 7A-217. Methods of subjecting person of defendant to jurisdiction.When by order or rule a small claim action is assigned to a magistrate, the court may obtain jurisdiction over the person of the defendant by the following methods:(1) By delivering a copy of the summons and of the complaint to the defendant or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. When the defendant is under any legal disability, the defendant may be subjected to personal jurisdiction only by personal service of process in the manner provided by G.S. 1A-1, Rule 4(j)(2).(2) When the defendant is not under any legal disability, the defendant may be served by registered or certified mail, signature confirmation, or designated delivery service as provided in G.S. 1A-1, Rule 4(j). Proof of service is as provided in G.S. 1A-1, Rule 4(j2).(3) When the defendant is under no legal disability, the defendant may be subjected to the jurisdiction of the court over the person of the defendant by written acceptance of service or by voluntary appearance.(4) In summary ejectment cases only, service as provided in G.S. 42-29 is also authorized.  (1965, c. 310, s. 1; 1969, c. 1190, s. 20; 1973, c. 90; 1983, c. 332, s. 3; 2011-332, s. 1.1.)
NC Gen Stat § 7A-218 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-218 - Answer of defendant.

 7A-218. Answer of defendant.At any time prior to the time set for trial, the defendant may file a written answer admitting or denying all or any of the allegations in the complaint, or pleading new matter in avoidance. No particular form is required, but it is sufficient if in a form to enable a person of common understanding to know the nature of the defense intended. A general denial of all the allegations of the complaint is permissible.Failure of defendant to file a written answer after being subjected to the jurisdiction of the court over his person constitutes a general denial. (1965, c. 310, s. 1; 1967, c. 691, s. 20.)
NC Gen Stat § 7A-219 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-219 - Certain counterclaims; cross claims; third-party claims not permissible.

 7A-219. Certain counterclaims; cross claims; third-party claims not permissible.No counterclaim, cross claim or third-party claim which would make the amount in controversy exceed the jurisdictional amount established by G.S. 7A-210(1) is permissible in a small claim action assigned to a magistrate. No determination of fact or law in an assigned small claim action estops a party thereto in any subsequent action which, except for this section, might have been asserted under the Code of Civil Procedure as a counterclaim in the small claim action. Notwithstanding G.S. 1A-1, Rule 13, failure by a defendant to file a counterclaim in a small claims action assigned to a magistrate, or failure by a defendant to appeal a judgment in a small claims action to district court, shall not bar such claims in a separate action. (1965, c. 310, s. 1; 1973, c. 1267, s. 2; 1979, c. 144, s. 2; 1981, c. 555, s. 2; 1985, c. 329; 1989, c. 311, s. 2; 1993, c. 553, s. 73(b); 2005-423, s. 9.)
NC Gen Stat § 7A-220 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-220 - No required pleadings other than complaint.

 7A-220. No required pleadings other than complaint.There are no required pleadings in assigned small claim actions other than the complaint. Answers and counterclaims may be filed by the defendant in accordance with G.S. 7A-218 and G.S. 7A-219. Any new matter pleaded in avoidance in the answer is deemed denied or avoided. On appeal from the judgment of the magistrate for trial de novo before a district judge, the judge shall allow appropriate counterclaims, cross claims, third party claims, replies, and answers to cross claims, in accordance with G.S. 1A-1, et seq. (1965, c. 310, s. 1; 1987, c. 628.)
NC Gen Stat § 7A-221 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-221 - Objections to venue and jurisdiction over person.

 7A-221. Objections to venue and jurisdiction over person.By motion prior to filing answer, or in the answer, the defendant may object that the venue is improper, or move for change of venue, or object to the jurisdiction of the court over his person. These motions or objections are heard on notice by the chief district judge or a district judge designated by order or rule of the chief district judge. Assignment to the magistrate is suspended pending determination of the objection, and the clerk gives notice of the suspension by any convenient means to the magistrate to whom the action has been assigned. All these objections are waived if not made prior to the date set for trial. If venue is determined to be improper, or is ordered changed, the action is transferred to the district court of the new venue, and is not thereafter assigned to a magistrate, but proceeds as in the case of civil actions generally. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-222 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-222 - General trial practice and procedure.

 7A-222. General trial practice and procedure.(a) Trial of a small claim action before a magistrate is without a jury. The rules of evidence applicable in the trial of civil actions generally are observed. At the conclusion of plaintiff's evidence the magistrate may render judgment of dismissal if plaintiff has failed to establish a prima facie case. If a judgment of dismissal is not rendered the defendant may introduce evidence. At the conclusion of all the evidence the magistrate may render judgment or may in his discretion reserve judgment for a period not in excess of 10 days, except as provided in subsection (b) of this section.(b) In a small claim action for summary ejectment, the magistrate shall render judgment on the same day on which the conclusion of all the evidence and submission of legal authorities occurs, unless the parties concur on an extension of additional time for entering the judgment and except for more complex summary ejectment cases, in which event the magistrate shall render judgment within five business days of the hearing. Complex summary ejectment cases include cases brought for criminal activity, breaches other than nonpayment of rent, evictions involving SECTION 8 of the Housing Act of 1937 (42 U.S.C. 1437f) or public housing tenants, and cases with counterclaims.(c) Notwithstanding G.S. 84-4, a party in a small claim action shall not be required to obtain legal representation.  (1965, c. 310, s. 1; 1971, c. 377, s. 11; 2013-334, s. 1; 2017-143, s. 2(a).)
NC Gen Stat § 7A-223 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-223 - Practice and procedure in small claim actions for summary ejectment.

 7A-223. Practice and procedure in small claim actions for summary ejectment.(a) In any small claim action demanding summary ejectment or past due rent, or both, the complaint may be signed by an agent acting for the plaintiff who has actual knowledge of the facts alleged in the complaint. If a small claim action demanding summary ejectment is assigned to a magistrate, the practice and procedure prescribed for commencement, form and service of process, assignment, pleadings, and trial in small claim actions generally are observed, except that if the defendant by written answer denies the title of the plaintiff, the action is placed on the civil issue docket of the district court division for trial before a district judge. In such event, the clerk withdraws assignment of the action from the magistrate and immediately gives written notice of withdrawal, by any convenient means, to the plaintiff and the magistrate to whom the action has been assigned. The plaintiff, within five days after receipt of the notice, and the defendant, in his answer, may request trial by jury. Failure to request jury trial within the time limited is a waiver of the right to trial by jury.(b) If either party in a small claim action for summary ejectment moves for a continuance, the magistrate shall render a decision on the motion in accordance with Rule 40(b) of the Rules of Civil Procedure. The magistrate shall not continue a matter for more than five days or until the next session of small claims court, whichever is longer, without the consent of both parties.(b1) In any small claim action demanding summary ejectment and monetary damages, and where service of process has been achieved solely by first-class mail and affixing the summons and complaint to the premises pursuant to G.S. 42-29, the plaintiff, or an agent pursuant to subsection (a) of this section, may request that the claim for summary ejectment be severed from the claim for monetary damages. Upon a finding that personal service was not achieved for one or more defendants, the magistrate shall sever the claim for monetary damages and proceed with the claim for summary ejectment. If the magistrate severs the claim for monetary damages, the plaintiff may extend the action in accordance with G.S. 1A-1, Rule 4(d). The judgment of the magistrate in the severed claim for summary ejectment shall not prejudice the claims or defenses of any party in the severed claim for monetary damages.(c) The Administrative Office of the Courts is directed to develop a form for parties in small claim actions for summary ejectment to inform them of the time line and process in summary ejectment actions. The clerk of superior court shall make the form available to the parties.  (1965, c. 310, s. 1; 1967, c. 691, s. 21; 1971, c. 377, s. 12; 2013-334, ss. 2, 6; 2017-143, s. 1.)
NC Gen Stat § 7A-224 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-224 - Rendition and entry of judgment.

 7A-224. Rendition and entry of judgment.Judgment in a small claim action is rendered in writing and signed by the magistrate. The judgment so rendered is a judgment of the district court, and is recorded and indexed as are judgments of the district and superior court generally. Entry is made as soon as practicable after rendition. (1965, c. 310, s. 1; 1969, c. 1190, s. 21.)
NC Gen Stat § 7A-225 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-225 - Lien and execution of judgment.

 7A-225. Lien and execution of judgment.From the time of docketing, the judgment rendered by a magistrate in a small claim action constitutes a lien and is subject to execution in the manner provided in Chapter 1, Article 28, of the General Statutes. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-226 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-226 - Priority of judgment when appeal taken.

 7A-226. Priority of judgment when appeal taken.When appeal is taken from a judgment in a small claim action, the lien acquired by docketing merges into any judgment rendered after trial de novo on appeal, continues as a lien from the first docketing, and has priority over any judgment docketed subsequent to the first docketing. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-227 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-227 - Stay of execution on appeal.

 7A-227. Stay of execution on appeal.Appeal from judgment of a magistrate does not stay execution if the judgment is for recovery of specific property. Such execution may be stayed by order of the clerk of superior court upon petition by the appellant accompanied by undertaking in writing, executed by one or more sufficient sureties approved by the clerk, to the effect that if judgment be rendered against appellant the sureties will pay the amount thereof with costs awarded against the appellant. Appeal from judgment of a magistrate does stay execution if the judgment is for money damages. This section shall not require any undertaking of appellants in summary ejectment actions other than those imposed by Chapter 42 of the General Statutes. (1965, c. 310, s. 1; 1967, c. 24, s. 1; 1977, c. 844; 1979, c. 820, s. 9.)
NC Gen Stat § 7A-229 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-229 - Trial de novo on appeal.

 7A-229. Trial de novo on appeal.Upon appeal noted, the clerk of superior court places the action upon the civil issue docket of the district court division. The district judge before whom the action is tried may order repleading or further pleading by some or all of the parties; may try the action on stipulation as to the issue; or may try it on the pleadings as filed. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-230 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-230 - Jury trial on appeal.

 7A-230. Jury trial on appeal.The appellant in his written notice of appeal may demand a jury on the trial de novo. Within 10 days after receipt of the notice of appeal stating that the costs of the appeal have been paid, any appellee by written notice served on all parties and on the clerk of superior court may demand a jury on the trial de novo. (1965, c. 310, s. 1; 1981, c. 599, s. 3.)
NC Gen Stat § 7A-231 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 19 - Small Claim Actions in District Court.|§ 7A-231 - Provisional and incidental remedies.

 7A-231. Provisional and incidental remedies.The provisional and incidental remedies of claim and delivery, subpoena duces tecum, production of documents and orders for the relinquishment of property subject to a possessory lien pursuant to G.S. 44A-4(a) are obtainable in small claims actions. The practice and procedure provided therefor in respect of civil actions generally is observed, conformed as may be required. No other provisional or incidental remedies are obtainable while the action is pending before the magistrate. (1965, c. 310, s. 1; 1985, c. 655, s. 3.)
NC Gen Stat § 7A-240 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 20 - Original Civil Jurisdiction of the Trial Divisions.|§ 7A-240 - Original civil jurisdiction generally.

 7A-240. Original civil jurisdiction generally.Except for the original jurisdiction in respect of claims against the State which is vested in the Supreme Court, original general jurisdiction of all justiciable matters of a civil nature cognizable in the General Court of Justice is vested in the aggregate in the superior court division and the district court division as the trial divisions of the General Court of Justice. Except in respect of proceedings in probate and the administration of decedents' estates, the original civil jurisdiction so vested in the trial divisions is vested concurrently in each division. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-241 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 20 - Original Civil Jurisdiction of the Trial Divisions.|§ 7A-241 - Original jurisdiction in probate and administration of decedents' estates.

 7A-241. Original jurisdiction in probate and administration of decedents' estates.Exclusive original jurisdiction for the probate of wills and the administration of decedents' estates is vested in the superior court division, and is exercised by the superior courts and by the clerks of superior court as ex officio judges of probate according to the practice and procedure provided by law. (1965, c. 310, s. 1.)
NC Gen Stat § 7A-242 (2021)
2021 North Carolina General Statutes|Chapter 7A - Judicial Department|Article 20 - Original Civil Jurisdiction of the Trial Divisions.|§ 7A-242 - Concurrently held original jurisdiction allocated between trial divisions.

 7A-242. Concurrently held original jurisdiction allocated between trial divisions.For the efficient administration of justice in respect of civil matters as to which the trial divisions have concurrent original jurisdiction, the respective divisions are constituted proper or improper for the trial and determination of specific actions and proceedings in accordance with the allocations provided in this Article. But no judgment rendered by any court of the trial divisions in any civil action or proceeding as to which the trial divisions have concurrent original jurisdiction is void or voidable for the sole reason that it was rendered by the court of a trial division which by such allocation is improper for the trial and determination of the civil action or proceeding. (1965, c. 310, s. 1.)