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Current as of January 01, 2023 | Updated by Findlaw Staff
No counterclaim, cross claim or third-party claim which would make the amount in controversy exceed the jurisdictional amount established by G.S. 7A-210(1) is permissible in a small claim action assigned to a magistrate. No determination of fact or law in an assigned small claim action estops a party thereto in any subsequent action which, except for this section, might have been asserted under the Code of Civil Procedure as a counterclaim in the small claim action. Notwithstanding G.S. 1A-1, Rule 13, failure by a defendant to file a counterclaim in a small claims action assigned to a magistrate, or failure by a defendant to appeal a judgment in a small claims action to district court, shall not bar such claims in a separate action.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 7A. Judicial Department § 7A-219. Certain counterclaims; cross claims; third-party claims not permissible - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-7a-judicial-department/nc-gen-st-sect-7a-219/
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