GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 628

HOUSE BILL 1138

 

AN ACT TO AMEND THE LAW REGARDING SMALL CLAIMS ACTIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-220 is rewritten to read:

"§ 7A-220.  No required pleadings other than complaint.-There are no required pleadings in assigned small claim actions other than the complaint.  Answers and counterclaims may be filed by the defendant in accordance with G.S. 7A-218 and G.S. 7A-219.  Any new matter pleaded in avoidance in the answer is deemed denied or avoided.  On appeal from the judgment of the magistrate for trial de novo before a district judge, the judge shall allow appropriate counterclaims, cross claims, third party claims, replies, and answers to cross claims, in accordance with G.S. 1A-1, et seq."

Sec. 2.  This act shall become effective October 1, 1987, and applies to all actions filed on and after that date.

In the General Assembly read three times and ratified this the 16th day of July, 1987.