WHEN PLAINTIFF IS A SECURED PARTYWHEN PLAINTIFF IS NOT A SECURED PARTY STATE OF NORTH CAROLINA CountyIn The General Court Of JusticeDistrict Court Division - Small Claims File No. The defendant is a resident of the county named above. I have a security interest in the personal property described in the attached security agreement. The total current value of this property is as shown below. The defendant has defaulted in the payment of the debt which the property secures or has otherwise breached Description Of Personal Property You Own Which Is In Possession Of Defendant Original - File Copy - Each Defendant Copy - Attorney/Plaintiff (Over) Name Of Plaintiff Or Attorney (type or print)Signature Of Plaintiff Or AttorneyDate COMPLAINTTO RECOVER POSSESSIONOF PERSONAL PROPERTY PLAINTIFF A SECURED PARTY PLAINTIFF NOT A SECURED PARTYG.S. 7A-232; 25-9-609$$Total Amount Of Damages Date Defendant Wrongfully Took Or Kept Property $$Damage Due For Loss Of UsePhysical Damage To Property CountyName And Address Of Plaintiff Individual Corporation Individual CorporationName And Address Of Defendant 1Name And Address Of Defendant 2CountyTelephone No. Telephone No.Telephone No.Name And Address Of Plaintiff222s AttorneyAttorney Bar No.CountyVERSUS$ INSTRUCTIONS TO PLAINTIFF OR DEFENDANT þ þ þ þ þ þ þ þ þ þ þ þ þ þ least one of the defendants resides.2. þ The PLAINTIFF cannot sue in small claims court to recover property worth more than $10,000.00. This amount may be lower, depending on local judicial order. If the amount is lower, it may be any amount between $5,000.00 and $10,000.00, as determined by the chief district court judge of the judicial district.3. þ The PLAINTIFF must show the complete name and address of the defendant to ensure service on the defendant. If there are two defendants and they reside at different addresses, the plaintiff must include both addresses. The plaintiff must determine if the defendant is a corporation and sue in the complete corporate name. If the business is not a corporation, the plaintiff must determine the owner222s name and sue the owner.4. þ The PLAINTIFF may serve the defendant(s) by mailing a copy of þ þ þ þ þ þ þ þ þ þ receipt requested, addressed to the party to be served or by paying the costs to have the sheriff serve the summons and complaint. If þ þ þ þ þ þ þ þ þ þ þ a sworn statement with the Clerk of Superior Court proving service þ þ þ þ þ þ þ þ þ þ þ þ showing that the letter was accepted. þ þ þ þ þ þ þ þ þ þ þ þ þ this Complaint. In the event that judgment is rendered in favor of the plaintiff, court costs may be charged against the defendant. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ defendant of the need to appear before the magistrate to assert the defendant222s defense. þ þ þ þ þ þ þ þ þ þ þ þ before the magistrate.8. þ The PLAINTIFF or the DEFENDANT may appeal the magistrate222s decision in this case. To appeal, notice must be given in open court when the judgment is entered, or notice may be given in writing to the Clerk of Superior Court within ten (10) days after the judgment is entered. If notice is given in writing, the appealing party must also serve written notice of appeal on all other parties. The appealing party must PAY to the Clerk of Superior Court the costs of court for appeal within twenty (20) days after the judgment is entered. A defendant who appeals also must post a bond to stay execution of the judgment within ten (10) days after the judgment is entered.9. þ This form is supplied in order to expedite the handling of small claims. It is designed to cover the most common claims. THE CLERK OR MAGISTRATE CANNOT ADVISE YOU ABOUT YOUR CASE OR ASSIST YOU IN COMPLETING THIS FORM. IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT AN ATTORNEY. American LegalNet, Inc. www.FormsWorkFlow.com