North Carolina Small Claims Court: Limits, Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Claim limit
- up to $10,000 (set per county: $5,000–$10,000)
- Filing fee
- $96 flatplus service fees
- Attorneys
- Allowed (not required)
- Court
- Small Claims Court (magistrate, District Court division)
North Carolina small claims cases are heard by magistrates within the District Court division. The statutory ceiling is $10,000, but the actual limit is set county by county by the senior judge and ranges from $5,000 to $10,000 — check with your county's clerk before filing a larger claim.
The filing fee is a flat $96 regardless of claim size, plus service costs. Hearings happen fast — often within 30 days — and either party unhappy with the magistrate's decision has just 10 days to appeal for a completely new trial before a District Court judge.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing fee | $96 | Official fee |
| Service by sheriffcertified mail also available | $30 per defendant | Official fee |
| Appeal to District Courtindigent filing available | court costs apply | Official fee |
Requirements
| Requirement | Rule |
|---|---|
| Limit | County-set between $5,000 and $10,000 (G.S. 7A-210) |
| Venue | County where at least one defendant resides |
| Common uses | Money claims, summary ejectment (eviction), recovery of personal property |
| Appeal | 10 days — trial de novo before a District Court judge |
The process, step by step
- File the complaint. Use AOC complaint forms (e.g., CVM-200 for money owed); pay $96 or petition to proceed as an indigent.
- Serve the defendant. Sheriff service ($30) or certified mail; the magistrate sets the hearing quickly — commonly within 30 days.
- Hearing before the magistrate. Informal, evidence rules relaxed; judgment usually rendered on the spot.
- Appeal window. Either party has 10 days to appeal for a fresh trial in District Court — the shortest appeal window among large states.
- Collect. Writs of execution through the sheriff; NC does not allow wage garnishment for most private judgments.
Forms & where to file
Clerk of Superior Court in the county where a defendant resides; the case is assigned to a magistrate.
Frequently asked questions
What is the small claims limit in North Carolina?
Up to $10,000 — but each county sets its own ceiling between $5,000 and $10,000, so confirm the local limit with the clerk.
How much does it cost to file?
A flat $96 regardless of claim size, plus $30 sheriff service per defendant. Fee waivers are available for indigent filers.
How fast is NC small claims court?
Among the fastest: hearings are typically set within about 30 days of filing, and magistrates usually rule the same day.
What if I lose?
Either party may appeal within 10 days for a completely new trial (de novo) before a District Court judge — but the window is short and strict.
Related information
Sources & verification
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.