§ 7A-215. Procedure upon nonassignment of small claim action. - North Carolina Statutes

§ 7A‑215. Procedure upon nonassignment of small claim action.

Failure of the chief district judge to assign a claim within five daysafter filing of a complaint requesting its assignment constitutesnonassignment. The chief district judge may sooner order nonassignment. Uponnonassignment, the clerk immediately issues summons in the manner and formprovided for commencement of civil actions generally, whereupon process isserved, return made, and pleadings are required to be filed in the mannerprovided for civil actions generally. Upon issuing civil summons, the clerkgives written notice of nonassignment to the plaintiff. The plaintiff withinfive days after notice of nonassignment, and the defendant before or with thefiling of his answer, may request a jury trial. Failure within the times solimited to request a jury trial constitutes a waiver of the right thereto. Uponthe joining of issue, the clerk places the action upon the civil issue docketfor trial in the district court division. (1965, c. 310, s. 1.)