Filing a Small Claims Case in North Carolina

filing a small claims case in North Carolina means starting a civil action in district court and asking a magistrate to decide it. This article covers the filing steps in order: confirming the claim qualifies, choosing the right county, completing the complaint and the magistrate summons, paying the fee, and arranging service on the defendant. For how the magistrate track works as a whole, including the hearing, appeals, and collection, see small claims in North Carolina.

Confirm the case qualifies as a small claim

A small claim is defined by three conditions in N.C. Gen. Stat. § 7A-210. The amount in controversy must be $10,000 or less. The only relief asked for must be money, the recovery of specific personal property, summary ejectment (the North Carolina term for eviction), or a properly joined combination of those. And the plaintiff must request that a magistrate hear the case, which is done by marking the complaint as a small claim.

The $10,000 figure is the statutory ceiling, but the limit that applies in a given courthouse can be lower. The maximum varies by county, from $5,000 to $10,000, set by local rule. The clerk of superior court in the county where the case will be filed can confirm the current local limit.

Some disputes do not fit small claims even when the dollar amount is within range. A case that asks for an injunction, a divorce, custody, or a ruling on title to real property is not a small claim and follows the regular district or superior court rules.

Choose the county where you file

Small claims venue is narrower than the rule for other civil cases. Under N.C. Gen. Stat. § 7A-211, a magistrate can be assigned a small claim only if the defendant, or at least one of several defendants, lives in the county where the magistrate sits. The case is filed in the clerk of superior court’s office in that county.

When the defendant lives in a different North Carolina county, the case can be filed there as a small claim, or it can be filed in the plaintiff’s county as a regular district court action without the magistrate track. A case against a defendant who has moved out of state turns on whether a North Carolina court has personal jurisdiction over that defendant, which the magistrate procedure does not change.

Complete the complaint and magistrate summons

The case begins with a complaint filed in the clerk of superior court’s office, with “Small Claim” marked on its face. That designation is the request for assignment to a magistrate under N.C. Gen. Stat. § 7A-213. The North Carolina Administrative Office of the Courts publishes pre-printed forms for each of the three common case types. A claim for money uses the Complaint for Money Owed, form AOC-CVM-200. A claim to recover an item of property uses the Complaint to Recover Possession of Personal Property, and an eviction uses the Complaint in Summary Ejectment.

Along with the complaint, the plaintiff completes a magistrate summons and an affidavit about the defendant’s military status. The North Carolina Judicial Branch small claims help center lists the full filing package: three copies of the complaint, three copies of the magistrate summons, and the military affidavit, though local clerks can set their own copy requirements.

1. Choose the right complaint form

   Use the form that matches the relief sought: AOC-CVM-200 for money owed, the recovery-of-personal-property complaint for the return of a specific item, or the summary ejectment complaint for an eviction. Each form prompts for the facts the magistrate needs for that kind of claim.

2. Identify the parties by their legal names

   Name each party as it appears in legal records. An individual is named in their own name. A business defendant is named in its registered legal name, and a corporation is served through its registered agent. A wrong or incomplete defendant name is a common reason a judgment is later hard to collect.

3. State the amount and the reason

   Enter the exact amount claimed and a short, specific description of why it is owed. “Unpaid invoices dated March 15 and April 10, 2026, totaling $3,200” gives the magistrate the dates and figures; “money owed for work” does not.

4. Fill out the magistrate summons

   Complete the top portion of the magistrate summons with the names and addresses of every party. The clerk issues the summons after the case is assigned, and its issuance is what formally commences the action under N.C. Gen. Stat. § 7A-213.

5. Complete the Servicemembers Civil Relief Act affidavit

   The filing package includes an affidavit stating whether the defendant is on active military duty. This requirement comes from the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3931, which protects active-duty members against default judgments entered while they cannot appear.

Pay the filing fee

Court costs for a small claim are set by N.C. Gen. Stat. § 7A-305 and collected by the clerk when the case is filed. As of 2026, the baseline court cost for a small claim in magistrate court is $96. Sheriff’s service fees and any witness fees are charged separately and are not part of that figure.

A plaintiff who cannot afford the costs can ask to file without paying up front by submitting a petition to proceed as an indigent. The clerk reviews the petition; if it is granted, the case proceeds and the costs can be taxed against the losing party if the plaintiff prevails.

Arrange service on the defendant

A magistrate cannot enter judgment for the plaintiff unless the defendant was served with the summons and complaint or appears voluntarily. Service is the plaintiff’s responsibility once the case is filed. N.C. Gen. Stat. § 7A-217 sets out the methods available for a money or personal-property small claim:

• Personal delivery of the summons and complaint to the defendant, or leaving copies at the defendant’s home with a resident of suitable age and discretion.
• Registered or certified mail with return receipt requested, signature confirmation, or an authorized designated delivery service.
• The defendant’s written acceptance of service or voluntary appearance.

In practice, plaintiffs usually choose between having the county sheriff serve the defendant, which costs $30, and sending the papers by certified mail, return receipt requested. The signed return receipt or the sheriff’s return becomes the proof of service the magistrate needs before the hearing can go forward.

What happens after you file

Once the clerk issues the magistrate summons, the case is assigned to a magistrate and a trial date is written on the summons that is served on the defendant. North Carolina sets that date within 30 days of filing under N.C. Gen. Stat. § 7A-214, and usually sooner for evictions. The clerk’s notice of assignment tells the plaintiff the magistrate’s name and the time, date, and place of trial.

A defendant in small claims can file a written answer but is not required to. A defendant who believes the plaintiff owes them money can file a counterclaim, which the magistrate hears with the original case if it also fits the small claim definition. If the defendant was properly served and does not appear, the magistrate can decide the case on the evidence the plaintiff presents.

Either side that disagrees with the magistrate’s decision can appeal to district court for a new trial under N.C. Gen. Stat. § 7A-228. Notice of appeal can be given out loud in court when the judgment is announced, or filed in writing with the clerk of superior court within 10 days. That 10-day window runs from the date the magistrate’s judgment is entered, counted in calendar days; when the judgment is mailed to the parties, the time is computed under N.C. Gen. Stat. § 1A-1, Rule 6. The appeal is a trial de novo, meaning the district court rehears the case from the beginning rather than reviewing the magistrate’s reasoning.