When it comes to business litigation in Wake Forest, it's important to know that if you have a civil dispute and it is less than $25,000, it will typically be filed in the District Court division of the civil courts in North Carolina. Each judicial district in the state has a District Court Division and a Superior Court Division.
Business Litigation in Civil District Court
While there are both a District Court Division and a Superior Court Division, often business litigants will choose to take their cases to the District Court Division. This is because cases can go through the process and get to trial quicker. This division is also less expensive to litigate than the Superior Court Division.
The jurisdictional amount for the District Court Division is defined as between $10,000.00 and $25,000.00. But judges and juries in a District Court trial are not limited to these amounts and can render verdicts in whatever amount the evidence proves. This is why business owners in Wake Forest may often choose to litigate in District Court. North Carolina law requires that corporations and limited liability companies must have attorneys when involved in civil litigation.
Shareholders nor the members of the limited liability company can represent themselves in court. They may also not serve as spokespersons for the company involved in a court proceeding. This is important to know before heading to court because some business owners don't realize it until they are in the courtroom in front of a judge.
Appeals From Small Claims Court
Business owners may also end up in District Court when there is an appeal from a small claims court ruling. In a small claims court or magistrate court, either side can decide to appeal the magistrate judge's ruling for a new trial at the District Court level.
When this happens, having an experienced civil ligation attorney on your side is crucial if you are a business owner in Wake Forest. Business litigants can expect to face an arbitration hearing, and then possibly, a trial before a judge or jury.
Types of Business Litigations in District Court
Business litigations at the District Court level can vary greatly and can include:
- Contract, Partnership, and Shareholder Disputes
- Controversies over the Interpretation of limited liability operating agreements
Taking the business law case to trial in the District Court Division can be the better option in many instances.
Attorney Hank Doyle has been representing business clients for over 25 years and can help whether you need to file a lawsuit, or your company is facing a lawsuit. We serve clients in Raleigh, Cary, Apex, Wake Forest, and surrounding areas.