Appeal from small claims court to District Court.

[James McAvoy]

Jurisdiction

North Carolina

I won my case in Henderson county NC small claims court, but the magistrate only gave me half of what I was seeking.
My dispute was higher than what the small claims court would allow. I just use a small claims just to make it quick and simple.
I'm appealing to a district court. I'm wondering if I can increase what I was suing for from small claims.

 

[adjusterjack]

I'm appealing to a district court. I'm wondering if I can increase what I was suing for from small claims.

I've looked at a few guides to NC small claims court and haven't found an answer to that question.

I did, however, find the answer to a question that I had. From the following guide Page 29:

When a case is appealed by either party, a new trial date is set for District Court. The case is treated as a brand new case that has never been tried before. This means you will have to present your evidence and witnesses again.

That tells me the appeal is a do-over. You're not appealing the judge's decision as if he was right or wrong. You're starting all over.

https://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/D433B787-6B9F-47F9-AB80-094992F79C04/guide-to-small-claims-court.pdf

That was the most comprehensive guide that I found. Here's another.

file:///C:/Users/Jack/Documents/Downloads/Citizens-Guide-to-Small-Claims-Court-Josh-Stein-1-6-17-pdf-Adobe-Acrobat-Pro-2.pdf