What is the small claims limit in North Carolina?
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.
- Claim exceeds small claims limit
- Defendant counter-sues for higher amount
- Complex contract or business dispute
- 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.