JOY ABERCROMBIE said:
North Carolina
is there legislation that prohibits me from taking a customer balance (1.5 years of rent due - month-to-month lease ($10,000 total)) and splitting into three time frames in order to sue in small claims court. In other words, can i take 6 months rent owed ($3500) x 3 small claims to avoid superior court and settle in small claims.
My response:
The jurisdictional limit in N.C. is $4,000.00.
If the entire debt is as a result of one lease agreement, then no, you can't split the total debt. Doing so is not only disallowed, but it would defeat the purpose of Small Claims court. Time frames have nothing to do with this matter - - the fact remains that the debt was incurred as the result of a single contractual instrument - - the lease. You'll need to file in a court of greater jurisdiction if you want the whole amount.
IAAL
