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What is the small claims limit in North Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

North Carolina small claims is handled by the magistrate within the District Court Division under N.C.G.S. Chapter 7A, Article 19.

1. Monetary Limit — N.C.G.S. § 7A-210 sets the small claims limit at $10,000 (raised from $5,000 in 2013). Magistrates have jurisdiction over claims for money damages, personal property recovery, summary ejectment (eviction), and enforcement of certain liens.

2. Filing Fee$96 general civil filing fee under N.C.G.S. § 7A-308, plus $30 sheriff service fee per defendant. Indigent fee waivers via Petition to Proceed as an Indigent (Form AOC-G-106).

3. Lawyers — Permitted at all stages. Corporations and LLCs may be represented by an officer, manager, or employee in small claims (N.C.G.S. § 84-4.1).

4. Statute of Limitations — Standard NC SOLs: 3 years for contracts (written and oral) under N.C.G.S. § 1-52(1), 3 years for personal injury and property damage (§ 1-52(5), (16)), 10 years for actions on judgments (§ 1-47).

5. Where to File — County where (a) defendant resides at the time of filing, (b) defendant has a place of business, or (c) the cause of action arose (N.C.G.S. § 1-79, § 1-82).

6. Service — By sheriff, certified mail by the clerk, or designated delivery service (e.g., FedEx, UPS) with delivery receipt. Defendant must be served at least 5 days before the hearing (N.C.G.S. § 7A-217).

7. Hearing — Magistrate hears the case informally; rules of evidence are relaxed. Magistrate enters judgment immediately or shortly after hearing.

8. Appeal Rights — Either party may appeal for trial de novo to District Court by filing a Notice of Appeal within 10 days of judgment (N.C.G.S. § 7A-228) — one of the shortest appeal windows in the country. Appellant must pay the District Court filing fee unless indigent.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Claim exceeds small claims limit
  • Defendant counter-sues for higher amount
  • Complex contract or business dispute
Related Statutes & Laws
  • N.C.G.S. § 7A-210
  • N.C.G.S. § 7A-217
  • N.C.G.S. § 7A-228
  • N.C.G.S. § 1-52

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.