State Codes and Statutes
Statutes > North-carolina > Chapter_7A > GS_7A-219§ 7A‑219. Certain counterclaims; cross claims;third‑party claims not permissible.
No counterclaim, cross claim or third‑party claim which wouldmake the amount in controversy exceed the jurisdictional amount established byG.S. 7A‑210(1) is permissible in a small claim action assigned to amagistrate. No determination of fact or law in an assigned small claim actionestops a party thereto in any subsequent action which, except for this section,might have been asserted under the Code of Civil Procedure as a counterclaim inthe small claim action. Notwithstanding G.S. 1A‑1, Rule 13, failure by adefendant to file a counterclaim in a small claims action assigned to amagistrate, or failure by a defendant to appeal a judgment in a small claimsaction to district court, shall not bar such claims in a separate action. (1965, c. 310, s. 1; 1973, c. 1267, s. 2; 1979, c. 144, s. 2; 1981, c.555, s. 2; 1985, c. 329; 1989, c. 311, s. 2; 1993, c. 553, s. 73(b); 2005‑423,s. 9.)
