Legal Question in Civil Litigation in North Carolina
I filed a small claim against an individual and after doing so I found out that he also stole my stereo system. Can this be added to the previous claim or do I have to file a new one and have two cases.
The sheriff stated I have to call before the court date to make sure the individual was served, how long does it take to get the summons to the individual house?
2 Answers from Attorneys
If he stole it - that's a criminal issue. You should call the police first and at least have a report made before going the civil route in small claims. You might be able to amend the original small claims action but he would need to be served again so it may be easier to simply file another small claims action. As far a service goes, if you elected to have the sheriff's department do it, you should get a return notice of service if you filed everything correctly. Depending on how busy your sheriff's dept. is, it could take anywhere from a couple of days to several weeks to get the other party served.
I agree with Ms. Houser but will add that if the person is avoiding service it could take much longer.
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