§ 7A-213. Procedure for commencement of action; request for and notice of assignment. - North Carolina Statutes

§ 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 officeof the clerk of superior court of the county wherein the defendant, or one ofthe defendants resides. The designation "Small Claim" on the face ofthe complaint is a request for assignment. If, pursuant to order or rule, theaction is assigned to a magistrate, the clerk issues a magistrate summonssubstantially in the form prescribed in this Article as soon as practicableafter the assignment is made. The issuance of a magistrate summons commencesthe action. After service of the magistrate summons on the defendant, the clerkgives written notice of the assignment to the plaintiff. The notice of assignmentidentifies the action, designates the magistrate to whom assignment is made,and specifies the time, date and place of trial. By any convenient means theclerk notifies the magistrate of the assignment and the setting. (1965, c. 310, s. 1; 1969, c. 1190, s. 19; 1971, c.377, s. 9.)