North Carolina Small Claims

Small claims is North Carolina’s fast, low-cost forum for modest, money-focused disputes. Because every state designs its own process, North Carolina sets its rules for small claims cases. It is important for consumers, tenants, landlords, contractors, and small businesses to understand these rules. They must also know how to recover money or personal property efficiently, often without hiring a lawyer.

What Is a Small Claims Court in North Carolina?

A North Carolina small claim is a civil case in which the plaintiff seeks money damages, recovery of specific personal property, or summary ejectment (eviction). Small claims are heard by magistrates in the District Court system, with filing through the Clerk of Superior Court in each county.

Magistrates preside over the case at the District Court. The North Carolina Judicial Branch provides do-it-yourself forms and a Guide & File tool for common claims (money owed, repossession). Businesses may appear through an authorized non-lawyer agent (e.g., owner/employee).

Small Claims Court Limits in North Carolina

By statute, a small claim is defined as not exceeding $10,000 in controversy. However, each county’s local rules may set the small-claims filing limit between $5,000 and $10,000. If an individual’s claim exceeds the local limit but is less than $25,000, they may file in District Court; otherwise, the case goes to Superior Court.

Individuals may only seek money damages, recovery of personal property ($10,000 in value or less), summary ejectment, and certain motor-vehicle lien matters.Unlike other civil cases, the plaintiff must file the case in the county where at least one defendant resides.

How to File a Small Claims Case in North Carolina

Individuals should take the following steps to file their small claims cases in North Carolina:

• Pick the right county. Identify the right court location, which must coincide with the place where at least one defendant resides.
• Prepare the forms. Obtain the necessary forms, such as the Magistrate Summons and the right complaint form. Individuals may generate forms via Guide & File for money-owed and repossession cases. Alternatively, they may contact the clerk of the court in person to obtain all required documents. The complaint form that states the claim(s) and what relief is requested from the magistrate may be:
  • This form is used if the claim is for money
  • This form is used for a complaint to recover personal property.
  • This form is used if the complaint is for summary ejectment (eviction).
  • Specific forms also exist for
    • Expedited summary ejectment related to a vacation rental agreement
    • Enforcement of a possessory lien on a motor vehicle
    • Recovery of a motor vehicle held for a lien, and to determine the amount of the lien
    • Recover motor vehicle to enforce possessory lien and to establish the amount of the lien
• File and pay a filing fee of $96. After payment, they may file the case with the Clerk of the Superior Court. If the plaintiff is unable to afford the fee, they may ask to file their case as an indigent by using this form. The clerk will assign a court date, typically within 30 days of filing (evictions are commonly set within 10–15 days).
• Serve the defendant. After filing, the plaintiff must arrange service (either sheriff service or certified mail, return receipt requested) and file proof of service. Counterclaims usually require service by sheriff or certified mail.

Small Claims Court in Major North Carolina Cities

In North Carolina, individuals may file their small claims cases at the following major cities:

• Raleigh: Individuals may file their small claims at the Wake County Clerk of Superior Court. The court provides local rules and forms to the public.
• Charlotte: To file for small claims cases, individuals must contact the Clerk of the Mecklenburg County Superior Court. The court offers public education and outreach, and volunteer and internship coordination..
• (Greensboro/High Point): The Guilford County Clerk of Superior Court is open to people who want to file small claims cases in Greensboro or High Point. Individuals may obtain local forms online from the court's website.

What to Expect at a Small Claims Hearing in North Carolina

In a typical small claims hearing, the plaintiff presents their matter first, followed by the defendant. All evidence (contracts, invoices, photos, text/email printouts, repair estimates) and any witnesses are presented in court. If the defendant was properly served but fails to appear, the magistrate may decide the case by default. If the plaintiff fails to appear, dismissal is common. There are no jury trials in small claims. The magistrate may announce a decision on the spot or shortly after.

Either party, if unsatisfied with the judgment, may appeal the case within 10 days of the magistrate’s decision to the District Court. A new trial will be held before a judge (and either of the parties may demand a jury if it is requested within the appeal window). The appealing party must pay the appeal costs (or proceed as indigent with an approved petition) and may need a bond to stay enforcement.

After judgment, the plaintiff must wait 10 days (appeal period) before collection. Then they may pursue execution of the judgment through the clerk. North Carolina does not allow wage garnishment for ordinary civil judgments (except for child support).

How to Search for Small Claims Records in North Carolina

North Carolina court records are presumptively public unless they are sealed by statute or order. Sensitive information may be redacted from the records. Channels for searching court records include:

• eCourts Portal. In eCourts counties, individuals may use the Smart Search Portal to search court records. They may search the portal by name or case number and view public register-of-actions details or document images.
• Court Clerk's Office. Individuals may contact the Clerk of Superior Court where the case was filed for docket lookups and certified copies. They may also search for the records through local public terminals in the courthouses.
• Third-party Platform. Organization or third-party websites may provide access to public court records, although their accuracy cannot be guaranteed. Users should always contact official sources such as the portal or the clerk’s office.