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WHO MAY SUE IN PINEVILLE CITY COURT?
Any individual acting in his/her own behalf who is 18 years of age or older may sue in Pineville City Court. The person who files the suit is called the "PLAINTIFF". A minor may sue only through a parent or guardian.
WHO MAY BE SUED IN PINEVILLE CITY COURT?
The person or company being sued may be an individual, a sole proprietor, a partnership, a corporation or an incorporated association such as a club or association. The person being sued is called the "DEFENDANT". In some cases there may be more than one defendant. It is important that you properly identify and sue the person or company who has caused you damage or injury.
WHAT KIND OF SUITS MAY BE FILED IN THE PINEVILLE CITY COURT?
Suits which may properly be filed in the Pineville City Court include suits on open accounts, promissory notes, evictions, contractual disputes, and actions for money damages based on injury caused by another person.
WHERE DO YOU GO TO FILE A SUIT IN THE PINEVILLE CITY COURT?
You file a suit in the Clerk's Office, located at the front window inside of the Pineville City Courthouse. The courthouse is located at 904 Main Street.
HOW DO YOU BEGIN A LAWSUIT?
The documents that comprise a lawsuit are called "pleadings". The Clerk's Office has standard "fill-in-the-blank" forms already prepared for certain types of lawsuits. The Clerk can provide you with a form, if appropriate, for your lawsuit. If the Clerk does not have the appropriate forms, it may be necessary for you to hire a lawyer to prepare the pleadings for you. THE CLERK'S OFFICE PERSONNEL CANNOT GIVE LEGAL ADVICE OR PREPARE PLEADINGS FOR YOU.
FOR HOW MUCH MONEY SHOULD I SUE?
Sue for the sum of money which represents your loss or the damage caused you. For example, if the washing machine you just bought for $400.00 does not work and the store refuses to repair it or refund your money, sue for $400.00 plus court costs and judicial interest.
WHAT HAPPENS AFTER YOU FILE A LAWSUIT?
After you file suit, the Clerk's Office will prepare a "citation" to be served on the defendant along with a copy of your petition. The citation informs the defendant that he/she has been sued and will have ten (10) calendar days (inclusive of holidays) in which to answer.
HOW SHOULD YOU PREPARE FOR YOUR HEARING?
Since you, as plaintiff, have the burden of proving your case before the Judge at trial, you should bring with you any important documents related to your case. These may include canceled checks, receipts, bills, correspondence, messages, contracts, leases, accident reports, and anything else that may be used as evidence to support your claim.
WHAT SHOULD YOU DO THE DAY OF THE HEARING?
Arrive early and bring all court papers with you. If you are the party suing and arrive late, or do not appear at all, your case may be DISMISSED. If you are the party being sued and arrive late, or do not appear at all, a judgment could be entered against you. In other words, YOU MAY LOSE WITHOUT A HEARING.
WHAT HAPPENS AFTER THE HEARING?
If the Judge decides that you win, he may award you only part of the money you requested or whatever amount of damages he thinks you have proven. The judgment of the Court becomes a binding legal obligation after it is signed, unless one of the parties requests a new trial within three (3) days after the judgment. However, a judgment merely establishes that the defendant owes you money. IT DOES NOT NECESSARILY MEAN YOU WILL BE PAID.
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