North Carolina · Unpaid invoice

Unpaid invoice in North Carolina small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

In North Carolina, small-claims cases are heard in the Small Claims Court (heard by a magistrate in the District Court division) and you can sue for up to $10,000 (some counties set a lower limit (from $5,000 to $10,000) by local rule).

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

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

  1. 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."
  2. 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.
  3. 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."
  4. 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."
  5. 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.

Deadline that applies to your unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

Written contract: 3 years (N.C.G.S. § 1-52(1))

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.

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.