Small Claims Court in North Carolina: Complete Guide

Quick Facts

• Court nameSmall Claims Court (Magistrate Court)
• Dollar limit$10,000
• Filing fee$96
• Lawyers allowedYes
• Appeals allowedYes
• Corporations can sueYes

Where to File

The magistrate court in the county where the defendant resides.

How to File

File a Complaint in Summary Ejectment or a Magistrate Summons at the clerk of court's office. Pay the filing fee. The court will issue a summons to be served on the defendant by the sheriff or certified mail.

Visit North Carolina court website

Tips for Your Case

• North Carolina small claims cases are heard by magistrates.
• Either party has an automatic right to appeal to district court for a new trial.
• Bring all evidence with copies for the court and the other party.
• You must file in the county where the defendant lives, not where the dispute occurred.
• North Carolina allows garnishment to enforce judgments.

Related Resources

• Statute of limitations in North Carolina
• Free legal aid in North Carolina
• Tenant rights in North Carolina

Frequently Asked Questions

• What is the maximum amount I can sue for in North Carolina small claims court?

  The maximum amount you can sue for in North Carolina small claims court is $10,000.

• Do I need a lawyer for small claims court in North Carolina?

  Lawyers are allowed in North Carolina small claims court but are not required.

• How much does it cost to file a small claims case in North Carolina?

  The filing fee is $96 for most small claims cases.

• Can I appeal a small claims court decision in North Carolina?

  Yes. Either party can appeal to the district court within 10 days for a trial de novo.

Sources

• North Carolina Courts: Small Claims