North Carolina Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in North Carolina: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for North Carolina
- Small claims limit
- $10,000, for money, recovery of specific personal property, summary ejectment (eviction), or a combination. The plaintiff asks for assignment to a magistrate by writing 'Small Claim' on the complaint. N.C. Gen. Stat. §§ 7A-210, 7A-213
- Filing fee
- $92 in court costs for a case assigned to a magistrate ($80 General Court of Justice fee plus $12 facilities fee); other statutory costs may be added. Sheriff's service is $30 per item of civil process. N.C. Gen. Stat. § 7A-305(a); § 7A-311(a)(1)
- Are lawyers allowed?
- Yes, but not required. Parties do not need an attorney at the magistrate trial or on appeal. N.C. Gen. Stat. §§ 7A-222, 7A-228
- Appeals
- Either party may appeal for a trial de novo (a new trial) before a district court judge by giving notice orally in court or in writing within 10 days after judgment, and paying the appeal costs within 20 days (10 days in summary ejectment) or getting approval to appeal as an indigent. An appeal stops collection of a money judgment. N.C. Gen. Stat. §§ 7A-228, 7A-229, 7A-227
Court: District Court, Small Claims (heard by a magistrate). Last verified: 2026-10-24.
How to file a small claims case in North Carolina
- Confirm your claim is $10,000 or less and is for money, personal property or summary ejectment.
- Write a short, signed complaint (AOC small claims forms are available) marked 'Small Claim' and file it with the clerk in the county where the defendant lives.
- Pay the $92 court costs plus service costs, and have the defendant served by the sheriff, certified mail or another approved method.
- The clerk tells you the magistrate, date, time and place; trial is normally set within 30 days.
- If you are the defendant, you may file a written answer or counterclaim before trial, but it is optional.
- Present your evidence to the magistrate; there is no jury, and the magistrate may take up to 10 days to decide (except in eviction cases).
- Either side may appeal for a new trial in district court within 10 days and must pay the appeal costs within 20 days.
- If the judgment is not paid, have it docketed as a lien and request execution.
Can you use small claims court?
| Small claims limit | $10,000, for money, recovery of specific personal property, summary ejectment (eviction), or a combination. The plaintiff asks for assignment to a magistrate by writing 'Small Claim' on the complaint. Counterclaims, cross claims and third-party claims that would push the case over $10,000 are not allowed in small claims (§ 7A-219). |
|---|---|
| Who can file | Any party may file a written complaint signed by the party or an attorney; in summary ejectment, an agent with actual knowledge may sign. A defendant under a legal disability must be served personally. |
| Are lawyers allowed? | Yes, but not required. Parties do not need an attorney at the magistrate trial or on appeal. |
Filing your case
| Where to file | With the clerk of court in the county where the defendant (or one of the defendants) lives. Venue objections must be raised before or in the answer and are waived if not raised before the trial date. |
|---|---|
| Official forms | North Carolina small claims cases are filed with the clerk of superior court in a county where a defendant lives. The Judicial Branch provides a Complaint for Money Owed, a Complaint to Recover Possession of Personal Property and a Complaint in Summary Ejectment (eviction), plus a Magistrate Summons and a Servicemembers Civil Relief Act affidavit; the filing fee is $96, and a petition to file as an indigent is available. Its free Guide & File service can prepare documents online for Small Claims: Money Owed and Repossession of Personal Property. Local requirements for forms and copies may vary by county. |
| Filing fee | $92 in court costs for a case assigned to a magistrate ($80 General Court of Justice fee plus $12 facilities fee); other statutory costs may be added. Sheriff's service is $30 per item of civil process. Sheriff fee: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_7A/GS_7A-311.html. Confirm the total with the clerk of court. |
| Serving the defendant | By personal delivery or by leaving copies at the defendant's home with a suitable resident; by certified or registered mail, signature confirmation or a designated delivery service; or by the defendant's written acceptance or voluntary appearance. Summary ejectment may also be served under G.S. 42-29. Sheriff service costs $30. |
Before and at the hearing
| When the hearing happens | Trial must be set within 30 days after the action begins. Except in summary ejectment, if the hearing would be less than 5 days after service, the case must be continued. The clerk notifies the plaintiff of the magistrate, date, time and place. |
|---|---|
| Does the defendant file an answer? | Optional. A written answer, including a general denial, may be filed any time before the trial date; failing to answer is treated as a general denial. |
| Counterclaims | Optional. A counterclaim, cross claim or third-party claim that would make the amount exceed $10,000 is not allowed in small claims. Not filing a counterclaim does not bar a later separate lawsuit, and on appeal the district judge allows counterclaims under the general civil rules. |
| Jury trial | No jury before the magistrate. On appeal for a new trial in district court, the appellant may demand a jury in the notice of appeal, and the appellee within 10 days after notice that appeal costs were paid. |
After the decision
| Appeals | Either party may appeal for a trial de novo (a new trial) before a district court judge by giving notice orally in court or in writing within 10 days after judgment, and paying the appeal costs within 20 days (10 days in summary ejectment) or getting approval to appeal as an indigent. An appeal stops collection of a money judgment. |
|---|---|
| Collecting your judgment | The magistrate's judgment is a district court judgment. Once docketed, it becomes a lien and can be enforced by execution under Chapter 1, Article 28. |
Deadline to sue
3 years for an action on a contract, written or oral (express or implied), including suits for unpaid rent or lease damages. N.C. Gen. Stat. § 1-52(1)
Suing a landlord or tenant in North Carolina
Small claims court in North Carolina handles summary ejectment (eviction) as well as claims for unpaid rent, damages and deposits up to $10,000. Summary ejectment judgments must be given the same day as the hearing unless the parties agree otherwise, and appeal costs are due within 10 days.
- North Carolina security deposit demand letter (send before you sue)
- North Carolina security deposit law
- Tenant lawyers and free legal aid in North Carolina
North Carolina small claims FAQ
What is the small claims limit in North Carolina?
$10,000, for money, recovery of specific personal property, summary ejectment (eviction), or a combination. The plaintiff asks for assignment to a magistrate by writing 'Small Claim' on the complaint.
Who can file a small claims case in North Carolina?
Any party may file a written complaint signed by the party or an attorney; in summary ejectment, an agent with actual knowledge may sign. A defendant under a legal disability must be served personally.
Can you bring a lawyer to small claims court in North Carolina?
Yes, but not required. Parties do not need an attorney at the magistrate trial or on appeal.
Where do I file a small claims case in North Carolina?
With the clerk of court in the county where the defendant (or one of the defendants) lives. Venue objections must be raised before or in the answer and are waived if not raised before the trial date.
How much does it cost to file in small claims court in North Carolina?
$92 in court costs for a case assigned to a magistrate ($80 General Court of Justice fee plus $12 facilities fee); other statutory costs may be added. Sheriff's service is $30 per item of civil process.
How do I serve the other side in a North Carolina small claims case?
By personal delivery or by leaving copies at the defendant's home with a suitable resident; by certified or registered mail, signature confirmation or a designated delivery service; or by the defendant's written acceptance or voluntary appearance. Summary ejectment may also be served under G.S. 42-29. Sheriff service costs $30.
How long does a small claims case take in North Carolina?
Trial must be set within 30 days after the action begins. Except in summary ejectment, if the hearing would be less than 5 days after service, the case must be continued. The clerk notifies the plaintiff of the magistrate, date, time and place.
Does a defendant have to file an answer in North Carolina small claims court?
Optional. A written answer, including a general denial, may be filed any time before the trial date; failing to answer is treated as a general denial.
Can the defendant file a counterclaim in North Carolina small claims court?
Optional. A counterclaim, cross claim or third-party claim that would make the amount exceed $10,000 is not allowed in small claims. Not filing a counterclaim does not bar a later separate lawsuit, and on appeal the district judge allows counterclaims under the general civil rules.
Is there a jury in North Carolina small claims court?
No jury before the magistrate. On appeal for a new trial in district court, the appellant may demand a jury in the notice of appeal, and the appellee within 10 days after notice that appeal costs were paid.
Can you appeal a small claims decision in North Carolina?
Either party may appeal for a trial de novo (a new trial) before a district court judge by giving notice orally in court or in writing within 10 days after judgment, and paying the appeal costs within 20 days (10 days in summary ejectment) or getting approval to appeal as an indigent. An appeal stops collection of a money judgment.
How do I collect a small claims judgment in North Carolina?
The magistrate's judgment is a district court judgment. Once docketed, it becomes a lien and can be enforced by execution under Chapter 1, Article 28.
Where can I get small claims court forms in North Carolina?
North Carolina small claims cases are filed with the clerk of superior court in a county where a defendant lives. The Judicial Branch provides a Complaint for Money Owed, a Complaint to Recover Possession of Personal Property and a Complaint in Summary Ejectment (eviction), plus a Magistrate Summons and a Servicemembers Civil Relief Act affidavit; the filing fee is $96, and a petition to file as an indigent is available. Its free Guide & File service can prepare documents online for Small Claims: Money Owed and Repossession of Personal Property. Local requirements for forms and copies may vary by county.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.