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Frequently Asked Questions about Restitution
 
  1. I missed my court date.. What do I do?
  2. I want to file a criminal complaint against someone. What information do I need?
  3. Can I drop the charges against someone I swore a complaint/warrant on?
  4. Can I arrange for a Magistrate to perform a wedding ceremony?
  5. I want to have a restraining/protective/exparte order issued against someone. What do I do?
  6. I received a bad check. What do I do?
  7. I think I have an outstanding warrant for my arrest. What do I do?
  8. I have taken out criminal charges and my address or the defendant's address / information has changed. Who do I notify of this?
  9. What is the maximum monetary amount that I can sue for in Small Claims Court?
  10. Can I sue someone in Small Claims Court in Durham if they live in another county in NC?
  11. If I contact a Bail Bondsman how much would I have to pay them?
  12. What are bonds/bail?
  13. What are the types of bonds?
Q. I missed my court date. What do I do?
A. You must go to the Criminal Magistrates' office in person to be served with the failure to appear and be given a new court date.>
 
Q. I want to file a criminal complaint against someone. What information do I need?
A. You must provide the first and last name (no street names/ aliases) and address of the person whom you wish to seek charges against.

NOTE: Be advised that under N.C.G.S. 14-209 any person found guilty of making a false statement while under oath, in any NC court, will be punished as a Class F felon, which carries a maximum sentence of 39 - 49 months in prison.
 
Q. Can I drop the charges against someone I swore a complaint/warrant on?
A. No. The District Attorney represents the state in all criminal cases, and only the District Attorney or an Assistant District Attorney has the authority to dismiss a case before it goes to court.
 
Q. Can I arrange for a Magistrate to perform a wedding ceremony?
A. The Civil Magistrates office can perform weddings from 11:00 AM - 11:30 AM & 3:00 PM - 3:30 PM Monday thru Friday at the Durham County courthouse. The Criminal Magistrates' office (if time permits) can perform marriage ceremonies after this time frame.
 
Q. I want to have a restraining/protective/exparte order issued against someone. What do I do?
A. You will need to go to the Clerk of Courts' office during normal business hours (8:30 AM - 5:00 PM Monday - Friday).
 
Q. I received a bad check. What do I do?
A. Contact the District Attorney's office. The District Attorney has implemented a Worthless Check Program, to address certain worthless check cases.
 
Q. I think I have an outstanding warrant for my arrest. What do I do?
A. Go to the Criminal Magistrates office and arrangements will be made for you to be served with the court documentation.
 
Q. I have taken out criminal charges and my address or the defendant's address / information has changed. Who do I notify of this?
A. You will need to notify the Clerk of Court's office of this new information so that they may update the appropriate court documents.
 
Q. What is the maximum monetary amount that I can sue for in Small Claims Court?
A. Five thousand dollars ($5,000.00).
 
Q. Can I sue someone in Small Claims Court in Durham if they live in another county in NC?
A. No. You have to sue the person in the county in which they reside.
 
Q. If I contact a Bail Bondsman how much would I have to pay them?
A. NC G.S. 58-71-95 (5) Allows no more than 15% of the bond. Amount
 
Q. What are bonds/bail?
A. Bond/bail is money and/or property paid or placed in trust to ensure the defendant's appearance in court.
 
Q. What are the types of bonds?
A. Secured: Money/property required

NOTE: Requirements to post a property bond in Durham County: 1. A title search must be done by a ReaL Estate attorney, and 2. A Certificate of Title, Note & and Deed of Trust must be made out to the Clerk of Court.

Unsecured: The defendant is required to provide a conditional written promise to appear at all court proceedings. A preset monetary amount of bond is also required to be paid if the defendant fails to obey any of the conditions set forth by the court.

Written Promise to Appear: The defendant provides his/her signature establishing a promise to appear in court where no bond/bail amount is set.
 
 
 
   
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