I need to file a complaint, I thought for some reason that there were templates published online somewhere but I'm having some trouble. I believe the name of what I need is a complaint for trespass and injunction or something along those lines, any help is appreciated!
If you are not inclined to hire a lawyer to help you, you can go to the clerk of court in the county where the trespass occurred. They should be able to provide you with the forms.
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
In addition to Attorney Silva's advice, you may want to have a consultation with a litigation attorney to educate you on what the forms should say, how they should be formatted, and what you need to know about the filing process. I have helped pro se plaintiffs in these things before. While ideally you would hire a lawyer to handle this for you, if that is not your decision, a preliminary consultation about the forms and the litigation process would be highly beneficial to you. Best wishes, and thanks for posting.
Unfortunately, the clerk's office cannot provide legal advice and that includes providing forms for filing complaints for this type of claim. There are some forms approved by the court system, but this is not one of them. If you can't find anything online, you should consult with an attorney for some basic advice if you wish to proceed on your own. Also, be aware of online forms as they may not comply with North Carolina law.
The foregoing should not be relied upon as legal advice. It should not be utilized as a substitute for the professional services of an attorney. If legal advice is required, the services of a professional should be sought.
books in a library would help.....your local library or court house library might be a place...in addition there are free forms on available on the internet for some types of cases.
I know that you are probably very frustrated at your situation and at the same time want save the expense of hiring a lawyer. It is possible that you could bring a claim in small claims court. There are certain forms you can use, but none of them apply directly to actions for trespass. Legal Aid of NC provides a guide to small claims actions, and here is a link to their site: http://www.legalaidnc.org/get-help/Pages/Self-Help-Library.aspx
If you feel threatened at all by the police, you should call the police. You might want to consider calling the police in any event. "Trespass" is an action which can be brought in civil court by filing a lawsuit or in criminal court by having the police make an arrest or having the magistrate issue a warrant. All of this being said, in my experience, trespass cases are seldom solely about trespass and can get complicated enough very quickly such that you would be best served by having a lawyer.
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