How does small claims court work in North Carolina?
1. Jurisdictional Limit
N.C. Gen. Stat. § 7A-210 sets the small claims limit at $10,000 statewide, with counties authorized to lower it to $5,000 or raise it to $15,000 by local rule (§ 7A-210(1)).
2. Court Name
Small Claims Court within the District Court Division, presided over by a magistrate.
3. Filing Fee
The standard filing fee is approximately $96, with sheriff service fees of $30 per defendant. Indigent plaintiffs may file a Petition to Sue/Appeal as an Indigent under N.C. Gen. Stat. § 1-110.
4. Filing the Claim
File a Complaint (Form AOC-CVM-200) in the county where the defendant resides or where the cause of action arose (N.C. Gen. Stat. § 1-79). Service is performed by the sheriff or by certified mail with return receipt (N.C. R. Civ. P. 4).
5. Defendant's Response
No written answer is required. The summons sets a hearing date typically 20-30 days from service. Failure to appear results in default judgment for liquidated damages.
6. Attorney Representation
Attorneys are permitted on both sides. Corporations may appear through an officer or attorney; non-attorney representation is allowed in small claims under longstanding North Carolina practice.
7. Hearing
The magistrate conducts an informal hearing. The North Carolina Rules of Evidence apply but are relaxed (N.C. Gen. Stat. § 7A-222). Many counties offer mediation before the hearing.
8. Judgment & Collection
Either party may appeal to District Court within 10 days for a trial de novo (N.C. Gen. Stat. § 7A-228) — one of the shortest appeal windows in the country. Collection tools include execution by the sheriff, judgment liens on real property recorded under § 1-234, and supplemental proceedings to discover assets (§ 1-352). North Carolina prohibits wage garnishment for most consumer debts (§ 1-362), with exceptions for taxes, child support, and student loans.
9. Statute of Limitations
Standard SOLs apply: 3 years for contracts (N.C. Gen. Stat. § 1-52(1)), 3 years for personal injury and property damage (§ 1-52(5)), and 3 years for fraud (§ 1-52(9)).
This is legal information, not legal advice.
- Your claim exceeds the county's small claims limit (typically $10,000) and must be filed in District Court
- You missed the 10-day appeal window — extraordinary relief motions require careful drafting
- You need to collect a judgment but North Carolina's wage garnishment prohibition limits standard tools
- N.C. Gen. Stat. §§ 7A-210 to 7A-232
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.