Help filling out complaint for money owed

[eponine365]

What is the name of your state? NC

So... my husband's ex-employer has till 1/6 to pay up, and I don't see it happening, so I'm getting the paperwork together to file in small claims court.

They have this section here "The defendant owes me the amont listed for the following reason:"
On an account
For goods sold and delivered between
For money lent
On a promissory Note
For a worthless Check
For conversion
Other

In this case, it was a breech of the severance contract, and they havn't paid him all the money that they promised. Would I need to check other, and fill in the explain section?

Next question: How do people calculate interest? I'm not even sure if we're going to go that route though. But at the bottom it says "I demand to recover the total amount listed above, plus interest and reimbursement for court costs" Should I not even worry about filling in the part on top about the interest owed?

Last question: I can't remember how, but I know I read it somewhere... how do you find out if a company is a corporation?

Thanks,
M

 

[BL]

You fill in other : Etc.

You shouldn't have to ask for interest, the Judge would calculate it, if you prevail.

You would also , get the court filing fee added to it.

I'm not sure about the Last question. Try a web search , or call your local County Clerk's office and ask .

 

[JETX]

You shouldn't have to ask for interest, the Judge would calculate it, if you prevail.

That is NOT correct. See below.

So, lets get you some correct answers:

Would I need to check other, and fill in the explain section?

As stated by BL, use 'other' and provide a BRIEF explanation of the claim.

Next question: How do people calculate interest? I'm not even sure if we're going to go that route though. But at the bottom it says "I demand to recover the total amount listed above, plus interest and reimbursement for court costs" Should I not even worry about filling in the part on top about the interest owed?

After your above BRIEF description of the claim, include the following "I demand to recover the total amount listed above, plus pre-judgment interest from the date of the breach, plus post-judgment interest at the maximum allowed by statute, plus all court costs, plus any other amounts as allowed by statute."

Last question: I can't remember how, but I know I read it somewhere... how do you find out if a company is a corporation?

There are three things that will help you:
1) Is there ANYTHING on the company publications (brochures, signage, checks, etc.) that would indicate that they are incorporated (Inc., Incorporated, etc.)?? If so, go to step 3.
2) Check with the county or state to see if the business is registered as a d/b/a (assumed name). If they are, then sue them in the individual name of the owner AND the d/b/a name (Example: John Smith, individually, and d/b/a Smith Plumbing)
3) Check with your Secretary of State to see if the business is incorporated. Your state is at: http://www.secretary.state.nc.us/corporations/CSearch.aspx

 

[seniorjudge]

"I demand to recover the total amount listed above, plus pre-judgment interest from the date of the breach, plus post-judgment interest at the maximum allowed by statute, plus all court costs, plus any other amounts as allowed by statute."

Is pre-judgment interest allowed on a contract case in North Carolina? If so, does the plaintiff have to file a demand first before filing suit? Does North Carolina have a statute that sets an amount of interest on a judgment? Does it apply to small claims cases?

 

[JETX]

Is pre-judgment interest allowed on a contract case in North Carolina?

I have no idea. Ask for it... and let the court decide. My 'philosophy' is to ask for it in the pleading.... and let the court decide if it is appropriate... especially in Small Claims (this forum) as the court doesn't expect the plaintiff to know ALL of the legalities.

If so, does the plaintiff have to file a demand first before filing suit?

I am not aware of any statute that would require a pre-trial demand for pre-trial interest.

Does North Carolina have a statute that sets an amount of interest on a judgment?

Yes. All states have statutes determining the interest rate!!!

Does it apply to small claims cases?

Again, YES!!!

You should know that judgment interest rates are set by statute, shouldn't you???
BTW, it is 8% in NC (where the writer is) and 9% in your state (MO)!!

 

[BL]

http://www.nccourts.org/Forms/Documents/346.pdf

It states on the form about demmand of interest and court cost. That's part of the Petition, and part of what the Judge would decide automatically, if the plaintiff prevails.

 

[JETX]

http://www.nccourts.org/Forms/Documents/346.pdf

It states on the form about demmand of interest and court cost. That's part of the Petition, and part of what the Judge would decide automatically, if the plaintiff prevails.

Wonderful!! However, it does nothing as to other costs that might also be recoverable (as noted in my post). I have seen HUNDREDS of judgments (even using state forms) that left money on the table simply because the plaintiff didn't know to include in his/her pleading.... or ask in court. In fact, even though my state REQUIRES a judgment to include post-judgment interest.... I bet that 10% of the judgments I see make NO mention of post-judgment interest. I am constantly having to go back to court and requesting an 'amended' judgment to include the state mandated judgment be included!!

The reason the courts (mainly Justice or Small Claims) overlooks this requirement??? It is located in the FINANCE Code... and a lot of these 'lesser' courts don't know about it.
From the Texas Finance Code:
§ 304.001. INTEREST RATE REQUIRED IN JUDGMENT.
A money judgment of a court in this state must specify the postjudgment interest rate applicable to that judgment.

From that, I have learned to ALWAYS ask for EVERYTHING the law allows... and let the court include or exclude..... with rights of appeal if needed!!!

 

[seniorjudge]

Thanks, BL; that's what I was trying to teach jetx!

"My 'philosophy' is to ask for it in the pleading.... and let the court decide if it is appropriate... especially in Small Claims (this forum) as the court doesn't expect the plaintiff to know ALL of the legalities."

You mean: "And for what other relief may be equitable and just in the blah blah blah...."? Judges ignore that.

The lawyer (or plaintiff) must instruct the court. The court will not educate the lawyer (or plaintiff). If the lawyer (or plaintiff) cannot figure out what he's suing for, don't expect the judge to!

 

[JETX]

Thanks, BL; that's what I was trying to teach jetx!

Sorry, but 'jetx' doesn't need any teaching on this subject. I probably have 100 times more than BL, and probably 10 times more experience on this than you do!!

Judges ignore that.

You might, but good judges don't!!

The lawyer (or plaintiff) must instruct the court. The court will not educate the lawyer (or plaintiff). If the lawyer (or plaintiff) cannot figure out what he's suing for, don't expect the judge to!

Wrong again!!! You must have overlooked the FACT that this forum is SMALL CLAIMS!!! A good COMPETENT small claims judge would not expect the "lawyer (or plaintiff)" to INSTRUCT the court!!!

 

[seniorjudge]

"and probably 10 times more experience on this than you do!!"

Wanna bet? We could let BL hold the dough....

[

 

[BL]

Sorry, but 'jetx' doesn't need any teaching on this subject. I probably have 100 times more than BL,

Although normally I would Just ignore the comments , I will reply to this one.

Jetx probably does have 100 times more teaching than BL .

Additionally, I will agree that although a Judge " should " make decisions according to Law , they don't always. On top of that, if the plaintiff is ignorant of the Laws , the Judge might even laugh and make a comment, that isn't even in line with the Law.

This comes from personal experience .

So, yes the Plaintiff should bring up the issues . Weather or not the Judge will adhere to them is another issue.

I have never had to ask for interest and court cost in small claims however. It was automatically included with the awards. Hence my statement, you shouldn't have to ask .

 

[JETX]

I have never had to ask for interest and court cost in small claims however. It was automatically included with the awards. Hence my statement, you shouldn't have to ask .

And I agree. We (attorneys or litigants) should never have to help to educate the courts, but it is not uncommon in small claims courts.... where a lot of states don't even require the judge to have ANY legal education. Some states simply elect the local 'good old boy' to the bench. I had a case in front of a small claims judge in Corpus Christi who's only previous experience was that he had a Hispanic surname.... and was the son of a locally prominent resident'. I had a heck of a time having to educate him about the statutes.... and to keep the defendants attorney in check. He (being local) knew that the judge was easily intimidated.... and tried to manipulate the court. Good thing I had the forethought to bring my O'Connors Civil Trial book with me to show the court.
As a follow up.... after my dealings with the court, I worked with the county Republican party to make sure this idiot didn't have another opportunity to screw with the public. He was defeated in the last election and the new judge IS a licensed attorney. Of course a complaint and investigation by the state Judicial Ethics committee didn't hurt!!