Legal Question in Real Estate Law in North Carolina

Motion to dismiss Small Claims

I have small claim against the Board of Director of my condominimum complex with the Board's management co. I got a motion to dismiss small claims based on NC Rule of Civil Proceure 12(b)(6) and 12(b)(7). What does this mean?


Asked on 9/15/06, 9:41 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Motion to dismiss Small Claims

Those are (1) a motion to dismiss on the basis that you don't have a claim and (2) a motion to dismiss on the basis that you have failed to sue a "necessary party." You can still appear and try to prosecute your claim. Without more details, it would appear that they are raising a technical defect based on the person you chose to sue. If there is an error in your lawsuit, you can generally correct that in some fashion, unless your statute of limitations has expired. You may want to consult an attorney do discuss this further.

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Answered on 9/15/06, 9:16 pm


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