§ 85B-4.5. Determination of certain small claims without a prior judicial determination. - North Carolina Statutes

§85B‑4.5.  Determination of certain small claims without a prior judicialdetermination.

Notwithstanding any otherprovisions of this Chapter, the Commission may, in its discretion, order thatpayment be made from the Fund, without requiring a prior judicial determinationin any case where:

(1)        The total lossclaimed by the claimant is two thousand five hundred dollars ($2,500) or less;

(2)        The amount ofalleged loss is readily ascertainable rather than speculative in nature;

(3)        The alleged loss isone that is otherwise compensable under this Chapter;

(4)        The claimant filed aproperly notarized complaint with the Commission not more than one yearfollowing the date of the alleged wrongful act or conduct of the licensee; and

(5)        The Commission, inits discretion, determines that, based upon the evidence presented, justicewould be better served by allowing compensation to be paid without firstrequiring the aggrieved party to obtain a judgment from a court of competentjurisdiction. (1991 (Reg. Sess., 1992), c. 819, s. 9.)