North Carolina · Small Claims Court (heard by a magistrate in the District Court division)
How to file a small-claims case in North Carolina
You can sue for up to $10,000 in North Carolina (some counties set a lower limit (from $5,000 to $10,000) by local rule). Here is where to file, what the deadlines are, and how to keep your case organized.
Good to know: North Carolina small claims court is part of the District Court division and cases are decided by an appointed magistrate, with no jury. Although it is part of District Court, a small claims case is physically filed in the office of the clerk of superior court for the county. There is no statewide uniform dollar limit: each judicial district's chief district court judge sets the limit between $5,000 and $10,000, so plaintiffs should confirm their county's limit with the local clerk.
Filing your Complaint (statement of claim) plus a Magistrate Summons. For a money claim the official Complaint For Money Owed (form AOC-CVM-200) is used. in North Carolina
- Confirm eligibility and the right county. Make sure your claim is at or below your county's small claims limit ($5,000-$10,000; confirm with the local clerk). The case must be filed in the county where at least one defendant resides. The NC site states: "Small claims cases, unlike district and superior court cases, must be filed in the county where at least one of the defendants resides."
- Complete the complaint and summons. Prepare three copies of the complaint stating your claim(s) and the relief requested (for a money claim use form AOC-CVM-200), and three copies of the Magistrate Summons (fill out only the top portion of the first page with the names and addresses of all parties). You may use the free online Guide & File service for Small Claims: Money Owed or Repossession of Personal Property.
- Add the required SCRA military-status affidavit. Include an affidavit under the Servicemembers Civil Relief Act stating whether the defendant is in the military. The site notes this "is intended to protect the legal rights of active-duty service members."
- File with the clerk and pay the fee. File at the clerk of superior court's office in the appropriate county and pay the $96 filing fee (or file a Petition to Proceed as an Indigent, AOC-G-106, if you cannot afford it). The site says: "A small claims case is filed in the clerk of superior court's office in the appropriate county."
- Serve the defendant and attend the hearing. After filing, you (the plaintiff) must serve the defendant with the summons and complaint, generally by sheriff (about $30) or by certified mail, return receipt requested. The clerk schedules a court date (typically within 30 days) and writes it on the magistrate summons served on the defendant.
Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.
Key North Carolina deadlines
| Case type | Deadline to file |
|---|---|
| Written contract (N.C.G.S. § 1-52(1)) | 3 years |
| Oral contract / debt (N.C.G.S. § 1-52(1)) | 3 years |
| Property damage (N.C.G.S. § 1-52(4), (16)) | 3 years |
| Personal injury (N.C.G.S. § 1-52(5), (16)) | 3 years |
Answering a lawsuit: No mandatory written answer. The defendant may (but is not required to) file a written answer; the case is set for a hearing typically within 30 days of filing and the defendant must appear at that hearing to be heard.
Serving the defendant: After filing, the plaintiff must serve the defendant with the summons and complaint, generally by having the sheriff serve the defendant (fee about $30) or by certified mail, return receipt requested.
Appeals: Either party may appeal the magistrate's decision to district court for a new trial (before a judge, or a jury if timely demanded). Notice of appeal can be given orally to the magistrate when the decision is made, or in writing filed with the clerk of superior court within 10 days after the magistrate's decision.
North Carolina small-claims forms
Official North Carolina forms, free from the court.
- Complaint For Money Owed (AOC-CVM-200): The statement of claim used to start a small claims case seeking money owed.
- Petition To Proceed As An Indigent (AOC-G-106): Fee-waiver petition to ask the court to file the case without paying the filing fee/court costs.
- Notice Of Appeal (AOC-CVM-303): Written notice to appeal the magistrate's small claims decision to district court within 10 days.
- Small Claims: Money Owed (official AOC self-help guide): Official step-by-step instructions for self-represented plaintiffs filing a money-owed small claims case.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: NC Judicial Branch - Small Claims (help topic). Last reviewed 2026-06-23.