Preview
File No.
23CV038354-590 STATE OF NORTH CAROLINA
In The General Court Of Justice
Amended MECKLENBURG District Court Division-Small Claims
COMPLAINT County
1. The defendant is a resident of the county named above.
IN SUMMARY EJECTMENT
2. The defendant entered into possession of premises described below as a lessee of plaintiff.
Description Of Premises (Include Location) x Conventional
G.S. 7A-216, 7A-232; Ch. 42, Art. 3 and 7
12600 Sabal Park Dr.,Apt 204,PINEVILLE,NC 28134 Public Housing
Name And Address Of Plaintiff Section 8
Wesidale Sabal Point NC LLC, dba Sabal Point Rate Of Rent (tenant's share) Month Date Rent Due End of Lease Term / Termination Date Type Of Lease
x
Apartments $ 1691.00 Per [ Week 11/01/2023 N/A Lora Written
3.[] The defendant failed to pay the rent due on the above date and the plaintiff made demand for the rent
12512 Sabal Point Drive and waited the 10-day grace period before filing the complaint.
Pineville NC 28134 O The lease period ended on the above date and the defendant is holding over after the end of the lease
County Telephone No. period.
MECKLENBURG (704)543-0213
x The defendant breached the condition of the lease described below for which re-entry is specified.
VERSUS
Name And Address Of Defendant 1 [x] individual [[] Corporation in violation of G.S. 42-63 as specified below.
O Criminal activity or other activity has occurred
Shameka Hatch Description Of Breach/Criminal Activity (give names, dates, places and illegal activity)
Failure to pay monthly rent when due/in full, from the date above through the hearing date.
12600 Sabal Park Dr.
Apt 204
PINEVILLE NC 28134
4. The plaintiff has demanded possession of the premises from the defendant, who has refused to surrender it, and
County Telephone No. the plaintiff is entitled to immediate possession. The undersigned hereby makes final demand that Defendant(s)
MECKLENBURG surrender possession of the Leased Premises prior to the hearing on this matter.
Name And Address Of Defendant 2.
[x] individual [] Corporation 5, Pursuant to G.S. 42-28, Plaintiff hereby omits and reserves all claims for monetary damages, and is seeking possession
of the premises only. Plaintiff reserves the right to seek recovery o- any monetary damages in a separate civil action.
Description Of Any Property Damage
Total Amount Due
Mecklenburg County Clerk of Superior Court
Amount Of Damage (If Known) Amount of Rent Unpaid
$ CLAIMS RESERVED $ 3,382.00 $ POSSESSION ONLY
County Telephone No. 6. Plaintiff therefore requests to be put in possession of the Premises.
Date Name Of Plaintiff/Attorney/Agent (Type Or Print) Signature Of Plaintiff/Attorney/Agent
Name And Address Of Plaintiff's Attorney Or Agent
12/22/2023 Min Choe Baharov
Min Choe Baharov
CERTIFICATION WHEN COMPLAINT SIGNED BY AGENT OF PLAINTIFF
Loebsack & Brownlee, PLLC
|
PO Box 30247 certify that am an agent of the plaintiff and have actual knowledge of the facts alleged in this Complaint.
Charlotte NC 28230 Date Name Of Agent (Type Or Print) Signature Of Agent
(704)716-5684 12/22/2023
AOC-CVM-201, As Revised by Counsel for Plaintiff (July 2022) (Over)
Electronically Filed Date:12/22/2023 12:41 PM Mecklenburg County Clerk of Superior Court
INFORMATION FOR PARTIES TO THE CASE
1. The PLAINTIFF must file a small claim action in the county where at least one 10. The PLAINTIFF or the DEFENDANT may appeal the magistrate's decision in
of the defendants resides. this case. To appeal, notice must be given in open court when the judgment is
2 . The PLAINTIFF cannot sue in small claims court for more than $10,000.00 entered, or notice may be given in writing to the Clerk of Superior Court within
ten (10) days after the judgment is entered. If notice is given in in writing, the
excluding interest and costs unless further restricted by court order. Also, ina
subsidized housing case (involving a Section 8 voucher or a Housing appealing party must also serve written notice of appeal on all other parties.
The appealing party must PAY to the Clerk of Superior Court the costs of court
Authority program) the "Rate of Rent" box should only show the rent amount
for appeal within ten (10) days after the judgment is entered. If the appealing
the Tenant personally pays. If the PLAINTIFF has listed the full Rent amount,
the Tenant has the right to ask the Court to make its ruling based only on their party applies to appeal as an indigent, and that request is denied, that party has
an additional five (5) days to pay the court costs for the appeal.
portion of the Monthly Rent.
11 . If the defendant appeals and wishes to remain on the premises the defendant
3. The PLAINTIFF must show the complete name and address of the defendant
to ensure service on the defendant. If there are two defendants and they must also post a stay of execution bond within ten (10) days after the judgment
reside at different addresses, the plaintiff must include both addresses. The is entered. In the event of an appeal by the tenant to district court, the landlord
plaintiff must determine if the defendant is a corporation and sue in the may file a motion to dismiss that appeal under G.S. 7A-228(d). The court may
decide the motion without a hearing if the tenant fails to file a response within
complete corporate name. If the business is not a corporation, the plaintiff
must determine the owner's name and sue the owner. ten (10) days of receipt of the motion.
4 . The PLAINTIFF may serve the defendant(s) by mailing a copy of the 12. Following a Tenant's request made within seven (7) days after the Landlord is
summons and complaint by registered or certified mail, return receipt placed in lawful possession of the Premises, the Landlord must release all
requested, addressed to the party to be served or by paying the costs to have remaining personal property to the Tenant. Once the Landlord has been placed
the sheriff serve the summons and complaint. If certiied or registered mail is in lawful possession of the Premises by execution of a Writ and has offered to
raa
used, the plaintiff must prepare and file sworn statement with the Clerk of release the Tenant's property, if the Tenant fails to retrieve any personal
Superior Court proving service by certified mail and must attach to that property during the Landlord's regular business hours within seven(7) days
statement the postal receipt showing that the letter was accepted. after execution of the Writ, the landlord may throw away, dispose of, or sell the
property in accordance with the provisions of G.S. 42-25.9(g). If the Tenant's
5 . The PLAINTIFF must pay advance court costs at the time of filing this
personal property is sold, the Landlord must disburse any excess proceeds to
Complaint. In the event that judgment is rendered in favor of the plaintiff, the Tenant upon request within seven (7) days following the sale. If the total
court costs may be charged against the defendant.
value of the Tenant's personal property remaining in the Premises is less than
6 . The PLAINTIFF must appear before the magistrate to prove his/her claim. $500.00, however, it is deemed abandoned five (5) days after execution of the
7. Each DEFENDANT has the right to appear in Court at the time and place Writ unless the Tenant requests, before the end of the five-day period, that the
noted on the Summons, and to present their case, and any defenses, to the personal property be released to the Tenant, in which case the Landlord must
release possession of the personal property to the Tenant during regular
Magistrate. The DEFENDANT may also file a written Answer, making note of
their responses to the numbered paragraphs of the Complaint and noting any business hours or at a different time the parties have agreed upon.
defenses to the claims against them. Any written response should be filed at 13. Victims of Domestic Violence, Sexual Assault and Stalking are protected under
the Courthouse with the office of the Clerk of Court. Any written response filed G.S. 42-42.2 from having their tenancy terminated based substantially on their
with the Court should be filed in duplicate, and a copy should be provided to status as a victim of any of those events; if you believe the claims against you
the Plaintiff no later than the time set for the hearing of the case. violate this prohibition, you should consult an attorney, a domestic violence
NOTE: The filing of a written response DOES NOT relieve a Defendant of the victims' rights organization, or simply advise the Court at the time of the hearing
need to appear at the hearing to assert any/all defenses to the Plaintiff's on your case.
claims.
8 . Requests for continuances of cases before the magistrate may be granted for 14. The Clerk or magistrate cannot advise you about your
good cause shown and for no more than five (5) days per continuance unless case or assist you in completing this form. If you have
the parties agree otherwise. any questions, you should consult an attorney.
9 - The magistrate will render judgment on the date of hearing unless the parties
agree otherwise, or the case is complex as defined in G.S. 7A-222, in which
case the decision is required within five (5) days.
AOC-CVM-201, Side Two, As Revised by Counsel for Plaintiff
Preview
File No. 23CV038354-590 STATE OF NORTH CAROLINA In The General Court Of Justice Amended MECKLENBURG District Court Division-Small Claims COMPLAINT County 1. The defendant is a resident of the county named above. IN SUMMARY EJECTMENT 2. The defendant entered into possession of premises described below as a lessee of plaintiff. Description Of Premises (Include Location) x Conventional G.S. 7A-216, 7A-232; Ch. 42, Art. 3 and 7 12600 Sabal Park Dr.,Apt 204,PINEVILLE,NC 28134 Public Housing Name And Address Of Plaintiff Section 8 Wesidale Sabal Point NC LLC, dba Sabal Point Rate Of Rent (tenant's share) Month Date Rent Due End of Lease Term / Termination Date Type Of Lease x Apartments $ 1691.00 Per [ Week 11/01/2023 N/A Lora Written 3.[] The defendant failed to pay the rent due on the above date and the plaintiff made demand for the rent 12512 Sabal Point Drive and waited the 10-day grace period before filing the complaint. Pineville NC 28134 O The lease period ended on the above date and the defendant is holding over after the end of the lease County Telephone No. period. MECKLENBURG (704)543-0213 x The defendant breached the condition of the lease described below for which re-entry is specified. VERSUS Name And Address Of Defendant 1 [x] individual [[] Corporation in violation of G.S. 42-63 as specified below. O Criminal activity or other activity has occurred Shameka Hatch Description Of Breach/Criminal Activity (give names, dates, places and illegal activity) Failure to pay monthly rent when due/in full, from the date above through the hearing date. 12600 Sabal Park Dr. Apt 204 PINEVILLE NC 28134 4. The plaintiff has demanded possession of the premises from the defendant, who has refused to surrender it, and County Telephone No. the plaintiff is entitled to immediate possession. The undersigned hereby makes final demand that Defendant(s) MECKLENBURG surrender possession of the Leased Premises prior to the hearing on this matter. Name And Address Of Defendant 2. [x] individual [] Corporation 5, Pursuant to G.S. 42-28, Plaintiff hereby omits and reserves all claims for monetary damages, and is seeking possession of the premises only. Plaintiff reserves the right to seek recovery o- any monetary damages in a separate civil action. Description Of Any Property Damage Total Amount Due Mecklenburg County Clerk of Superior Court Amount Of Damage (If Known) Amount of Rent Unpaid $ CLAIMS RESERVED $ 3,382.00 $ POSSESSION ONLY County Telephone No. 6. Plaintiff therefore requests to be put in possession of the Premises. Date Name Of Plaintiff/Attorney/Agent (Type Or Print) Signature Of Plaintiff/Attorney/Agent Name And Address Of Plaintiff's Attorney Or Agent 12/22/2023 Min Choe Baharov Min Choe Baharov CERTIFICATION WHEN COMPLAINT SIGNED BY AGENT OF PLAINTIFF Loebsack & Brownlee, PLLC | PO Box 30247 certify that am an agent of the plaintiff and have actual knowledge of the facts alleged in this Complaint. Charlotte NC 28230 Date Name Of Agent (Type Or Print) Signature Of Agent (704)716-5684 12/22/2023 AOC-CVM-201, As Revised by Counsel for Plaintiff (July 2022) (Over) Electronically Filed Date:12/22/2023 12:41 PM Mecklenburg County Clerk of Superior Court INFORMATION FOR PARTIES TO THE CASE 1. The PLAINTIFF must file a small claim action in the county where at least one 10. The PLAINTIFF or the DEFENDANT may appeal the magistrate's decision in of the defendants resides. this case. To appeal, notice must be given in open court when the judgment is 2 . The PLAINTIFF cannot sue in small claims court for more than $10,000.00 entered, or notice may be given in writing to the Clerk of Superior Court within ten (10) days after the judgment is entered. If notice is given in in writing, the excluding interest and costs unless further restricted by court order. Also, ina subsidized housing case (involving a Section 8 voucher or a Housing appealing party must also serve written notice of appeal on all other parties. The appealing party must PAY to the Clerk of Superior Court the costs of court Authority program) the "Rate of Rent" box should only show the rent amount for appeal within ten (10) days after the judgment is entered. If the appealing the Tenant personally pays. If the PLAINTIFF has listed the full Rent amount, the Tenant has the right to ask the Court to make its ruling based only on their party applies to appeal as an indigent, and that request is denied, that party has an additional five (5) days to pay the court costs for the appeal. portion of the Monthly Rent. 11 . If the defendant appeals and wishes to remain on the premises the defendant 3. The PLAINTIFF must show the complete name and address of the defendant to ensure service on the defendant. If there are two defendants and they must also post a stay of execution bond within ten (10) days after the judgment reside at different addresses, the plaintiff must include both addresses. The is entered. In the event of an appeal by the tenant to district court, the landlord plaintiff must determine if the defendant is a corporation and sue in the may file a motion to dismiss that appeal under G.S. 7A-228(d). The court may decide the motion without a hearing if the tenant fails to file a response within complete corporate name. If the business is not a corporation, the plaintiff must determine the owner's name and sue the owner. ten (10) days of receipt of the motion. 4 . The PLAINTIFF may serve the defendant(s) by mailing a copy of the 12. Following a Tenant's request made within seven (7) days after the Landlord is summons and complaint by registered or certified mail, return receipt placed in lawful possession of the Premises, the Landlord must release all requested, addressed to the party to be served or by paying the costs to have remaining personal property to the Tenant. Once the Landlord has been placed the sheriff serve the summons and complaint. If certiied or registered mail is in lawful possession of the Premises by execution of a Writ and has offered to raa used, the plaintiff must prepare and file sworn statement with the Clerk of release the Tenant's property, if the Tenant fails to retrieve any personal Superior Court proving service by certified mail and must attach to that property during the Landlord's regular business hours within seven(7) days statement the postal receipt showing that the letter was accepted. after execution of the Writ, the landlord may throw away, dispose of, or sell the property in accordance with the provisions of G.S. 42-25.9(g). If the Tenant's 5 . The PLAINTIFF must pay advance court costs at the time of filing this personal property is sold, the Landlord must disburse any excess proceeds to Complaint. In the event that judgment is rendered in favor of the plaintiff, the Tenant upon request within seven (7) days following the sale. If the total court costs may be charged against the defendant. value of the Tenant's personal property remaining in the Premises is less than 6 . The PLAINTIFF must appear before the magistrate to prove his/her claim. $500.00, however, it is deemed abandoned five (5) days after execution of the 7. Each DEFENDANT has the right to appear in Court at the time and place Writ unless the Tenant requests, before the end of the five-day period, that the noted on the Summons, and to present their case, and any defenses, to the personal property be released to the Tenant, in which case the Landlord must release possession of the personal property to the Tenant during regular Magistrate. The DEFENDANT may also file a written Answer, making note of their responses to the numbered paragraphs of the Complaint and noting any business hours or at a different time the parties have agreed upon. defenses to the claims against them. Any written response should be filed at 13. Victims of Domestic Violence, Sexual Assault and Stalking are protected under the Courthouse with the office of the Clerk of Court. Any written response filed G.S. 42-42.2 from having their tenancy terminated based substantially on their with the Court should be filed in duplicate, and a copy should be provided to status as a victim of any of those events; if you believe the claims against you the Plaintiff no later than the time set for the hearing of the case. violate this prohibition, you should consult an attorney, a domestic violence NOTE: The filing of a written response DOES NOT relieve a Defendant of the victims' rights organization, or simply advise the Court at the time of the hearing need to appear at the hearing to assert any/all defenses to the Plaintiff's on your case. claims. 8 . Requests for continuances of cases before the magistrate may be granted for 14. The Clerk or magistrate cannot advise you about your good cause shown and for no more than five (5) days per continuance unless case or assist you in completing this form. If you have the parties agree otherwise. any questions, you should consult an attorney. 9 - The magistrate will render judgment on the date of hearing unless the parties agree otherwise, or the case is complex as defined in G.S. 7A-222, in which case the decision is required within five (5) days. AOC-CVM-201, Side Two, As Revised by Counsel for Plaintiff