§ 7A-232. Forms.

NORTH CAROLINA STATUTES AND CODES

§ 7A‑232. Forms.

The following forms are sufficient for the purposes indicated underthis article. Substantial conformity is sufficient.

FORM 1.

MAGISTRATE SUMMONS

NORTHCAROLINA GeneralCourt of Justice

District Court Division

________________COUNTY Beforethe Magistrate

A.B., Plaintiff

v. SUMMONS

C.D., Defendant

To the above‑named Defendant:

You are hereby summoned to appear before His Honor_______, Magistrateof the District Court, at ______ (time)______, on ____ (date)____, at the______ (address) ______in the _____ (city)______, then and there to defendagainst proof of the claim stated in the complaint filed in this action, copyof which is served herewith. You may file written answer making defense to theclaim in the office of the Clerk of Superior Court __________ Countyin__________, N. C., not later than the time set for trial. If you do not fileanswer, plaintiff must nevertheless prove his claim before the Magistrate. Butif you fail to appear and defend against the proof offered, judgment for therelief demanded in the complaint may be rendered against you.

This ______ day of _________ (month)______, _____.

______________________________________

Clerk of SuperiorCourt

________________________________County

FORM 2.

NOTICE OF NON‑ASSIGNMENTOF ACTION

NORTHCAROLINA GeneralCourt of Justice

District Court Division

_______________County

A.B., Plaintiff

v. NOTICE OF NON‑ASSIGNMENT

C.D., Defendant OF ACTION

To the above‑named Plaintiff:

Take notice that the civil action styled as above which you requestedbe assigned for trial before a Magistrate will not be assigned. Thirty‑daysummons to answer is being issued for service upon defendant, and upon thejoining of issue this action will be placed on the civil issue docket for trialbefore a district judge.

This ______ day of _________ (month)______, _____.

Clerk of SuperiorCourt

______________________County

FORM 3.

NOTICE OF ASSIGNMENT OFACTION

NORTHCAROLINA GeneralCourt of Justice

District Court Division

________________COUNTY Beforethe Magistrate

A.B., Plaintiff

v. NOTICE OF ASSIGNMENT

C.D., Defendant OF ACTION

To the above‑named Plaintiff:

Take notice that the civil action styled as above, commenced by you asplaintiff, has been assigned for trial before His Honor_____________,Magistrate of the District Court, at _______ (time) ______on_________(date)_______, at _________ (address) ___________in ____________(city)____________, N.C.

___________________________

Clerk of Superior Court

______________________County

FORM 4.

COMPLAINT ON A PROMISSORYNOTE

NORTHCAROLINA GeneralCourt of Justice

District Court Division

_______________COUNTY SMALLCLAIM

A.B., Plaintiff

v. COMPLAINT

C.D., Defendant

1. Plaintiff is a resident of _____________ County; defendant is aresident of _________________ County.

2. Defendant on or about January 1, 1964, executed and delivered toplaintiff a promissory note (in the following words and figures: (here set outthe note verbatim)); (a copy of which is annexed as Exhibit_________); (wherebydefendant promised to pay to plaintiff or order on June 1, 1964, the sum of twohundred and fifty dollars ($250.00) with interest thereon at the rate of sixpercent (6%) per annum).

3. Defendant owes the plaintiff the amount of said note and interest.

Wherefore plaintiff demands judgment against defendant for the sum oftwo hundred and fifty dollars ($250.00), interest and costs.

This ___________ day of___________, __________

___________________________

(signed) A. B., Plaintiff

(or E. F., Attorney for Plaintiff)

Serviceby mail is, is not, requested.

___________________________

(signed) A. B., Plaintiff

(or E. F., Attorney forPlaintiff)

FORM 5.

COMPLAINT ON AN ACCOUNT

(Caption as in form 4)

1. (Allegation of residence of parties)

2. Defendant owes plaintiff two hundred and fifty dollars ($250.00)according to the account annexed as Exhibit A.

Wherefore (etc., as in form 4).

FORM 6.

COMPLAINT FOR GOODS SOLDAND DELIVERED

(Caption as in form 4)

1. (Allegation of residence of parties)

2. Defendant owes plaintiff two hundred and fifty dollars ($250.00) forgoods sold and delivered to defendant between June 1, 1965, and December 1,1965.

Wherefore (etc., as in form 4).

FORM 7.

COMPLAINT FOR MONEY LENT

(Caption as in form 4)

1. (Allegation of residence of parties)

2. Defendant owes plaintiff two hundred and fifty dollars ($250.00) formoney lent by plaintiff to defendant on or about June 1, 1965.

Wherefore (etc., as in form 4.)

FORM 8.

COMPLAINT FOR CONVERSION

(Caption as in form 4)

1. (Allegation of residence of parties)

2. On or about June 1, 1965, defendant converted to his own use a setof plumbing tools of the value of two hundred and fifty dollars ($250.00), theproperty of plaintiff.

Wherefore (etc., as in form 4).

FORM 9.

COMPLAINT FOR INJURY TOPERSON OR PROPERTY

(Caption as in form 4)

1. (Allegation of residence of parties)

2. On or about June 1, 1965, at the intersection of Main and ChurchStreets in the Town of Ashley, N. C., defendant (intentionally struck plaintiffa blow in the face) (negligently drove a bicycle into plaintiff) (intentionallytore plaintiff's clothing) (negligently drove a motorcycle into the side ofplaintiff's automobile).

3. As a result (plaintiff suffered great pain of body and mind, andincurred expenses for medical attention and hospitalization in the sum of onehundred and fifty dollars ($150.00) (plaintiff suffered damage to his propertyabove described in the sum of two hundred and fifty dollars ($250.00).

Wherefore (etc., as in form 4).

FORM 10.

COMPLAINT TO RECOVERPOSSESSION OF CHATTEL

(Caption as in form 4)

1. (Allegation of residence of parties)

2. Defendant has in his possession a set of plumber's tools of thevalue of two hundred dollars ($200.00), the property of plaintiff. Plaintiff isentitled to immediate possession of the same but defendant refuses on demand todeliver the same to plaintiff.

3. Defendant has unlawfully kept possession of the property abovedescribed since on or about June 1, 1965, and has thereby deprived plaintiff ofits use, to his damage in the sum of fifty dollars ($50.00).

Wherefore plaintiff demands judgment against defendant for the recoveryof possession of the property above described and for the sum of fifty dollars($50.00), interest and costs. (etc., as in form 4).

FORM 11.

COMPLAINT IN SUMMARYEJECTMENT

(Caption as in form 4)

1. (Allegation of residence of parties)

2. Defendant entered into possession of a tract of land (brieflydescribed) as a lessee of plaintiff (or as lessee of E. F. who, after makingthe lease, assigned his estate to the plaintiff); the term of defendant expiredon the 1st day of June, 1965 (or his term has ceased by nonpayment of rent, orotherwise, as the fact may be); the plaintiff has demanded possession of thepremises of the defendant, who refused to surrender it, but holds over; theestate of plaintiff is still subsisting, and the plaintiff is entitled toimmediate possession.

3. Defendant owes plaintiff the sum of fifty dollars ($50.00) for rentof the premises from the 1st of May, 1965, to the 1st day of June, 1965, andone hundred dollars ($100.00) for the occupation of the premises since the 1stday of June, 1965 to the present.

Wherefore, plaintiff demands judgment against defendant that he be putin immediate possession of the premises, and that he recover the sum of onehundred and fifty dollars ($150.00), interest and costs. (etc., as in form 4). (1965, c. 310, s. 1; 1971, c. 1181, s. 2; 1999‑456,s. 59.)