Filing a small claims case in North Carolina costs $96 (a flat fee regardless of claim size) plus $30 per defendant if you use the sheriff to serve the papers. The court can hear money claims up to $10,000 under N.C. Gen. Stat. § 7A-210(1).
By the founder of SmallClaimsHelper
Filing a small claims case in North Carolina costs $96, and you can sue for up to $10,000 — but the process has a few steps that trip people up before they even get to the hearing.
This guide walks you through every step using a concrete hypothetical scenario: a contractor dispute where the homeowner is owed $4,200 for shoddy work. Along the way it covers where to file, which forms to bring, how service works, what happens at the hearing, and how to collect if you win.
What's the scenario — and does it belong in small claims court?
Imagine you hired a contractor to replace the roof on a detached garage. He took a $4,200 deposit, did about two days of work, and then stopped showing up. After repeated calls go unanswered, you decide to sue. Your claim is for $4,200 — well under the $10,000 ceiling set by N.C. Gen. Stat. § 7A-210(1) — so small claims court is an option.
North Carolina's small claims court is technically the small claims division of the District Court, and cases are decided by a magistrate — not a judge, and never a jury. The process is designed for self-represented litigants, so it involves fewer procedural rules than district court. That said, you're still held to the same rules of procedure and evidence as an attorney if you choose to represent yourself.
One threshold question before filing: is your claim time-barred? In our scenario, the contractor walked off the job eight months ago, so we're fine. But if the dispute were older, you'd need to check: for a written or oral contract claim — which includes this unpaid-contractor dispute — the statute of limitations is three years under N.C. Gen. Stat. § 1-52(1). The same three-year window applies to property damage (§ 1-52(3) and (4)) and personal injury claims (§ 1-52(5)).
Where do you file — and in which county?
Small claims cases must be filed in the county where at least one defendant resides. This is different from district and superior court cases, where venue rules are broader. So if your contractor lives in Wake County, you file in Wake County even if the job was done in Durham. Check your county's clerk of superior court office — they handle small claims intake for every county in the state.
One wrinkle to be aware of: while the statewide statutory maximum is $10,000 under N.C. Gen. Stat. § 7A-210(1), local rules can set a lower limit — as low as $5,000 in some counties. According to the North Carolina Judicial Branch, the limit "varies by county, from $5,000 to $10,000." Call your county clerk before assuming you can claim the full $10,000. If your claim exceeds the local small claims ceiling, you'll need to file in district court instead.
What does it cost to file in 2026?
The filing fee is a flat $96 — it doesn't scale with the size of your claim, unlike most states. That $96 breaks down as an $80 General Court of Justice fee, a $12 facilities fee, and a $4 court information technology fee.
On top of that, serving the defendant costs an additional $30 per defendant if you use the county sheriff (the most reliable option). You can also serve by certified mail, return receipt requested, which is cheaper but creates risk if the defendant refuses or the envelope comes back unclaimed. In our scenario, we have one defendant, so the total out-of-pocket to get the case started is $126 ($96 filing + $30 sheriff service).
If you can't afford these fees, you can ask the court to let you file as an indigent using the Petition to Sue/Appeal/File Motions as an Indigent form, available at nccourts.gov/documents/forms. If you win, the magistrate can order the defendant to reimburse your court costs.
| Cost Item | Amount | Notes |
|---|---|---|
| Filing fee (flat) | $96 | Same whether you claim $500 or $10,000 |
| Sheriff service (per defendant) | $30 | Alternative: certified mail (cheaper, riskier) |
| Certified mail service | Varies (~$8–$12) | You pay postage; court or you may handle mailing |
| Appeal to district court | Additional costs apply | Must be paid timely or appeal is dismissed |
| Fee waiver | $0 | File Petition to Sue as Indigent if you qualify |
Which forms do you need — and how do you fill them out?
For a money claim like our contractor dispute, you'll need three documents, each in triplicate (three copies — check with your county clerk, as local requirements vary):
- Complaint for Money Owed — This is the form where you state your claim and the dollar amount you're seeking. Download it at nccourts.gov. Be specific: list the dates, what the contractor was hired to do, what he failed to do, and how you calculated your damages.
- Magistrate Summons — Fill in only the top portion of the first page: names and addresses of all parties. The clerk fills in the rest, including the court date. Download it at nccourts.gov.
- Servicemembers Civil Relief Act (SCRA) Affidavit — You must tell the court whether or not the defendant is currently on active military duty. You can check a person's military status at scra.dmdc.osd.mil before you fill this out. Skipping this form will get your filing rejected.
North Carolina's Judicial Branch also offers a free online tool called Guide & File at northcarolina.tylertech.cloud/SRL/ that walks you through preparing small claims documents for money-owed and personal-property-repossession cases. If you're comfortable doing it online, it can reduce the chance of a clerical error on your forms.
What happens between filing and the hearing?
Once you file, the clerk schedules your court date — within 30 days of filing, per nccourts.gov. The court date is written on the Magistrate Summons, which is then served on the defendant. In our scenario, the sheriff will deliver that summons to the contractor at his home address.
The defendant in a small claims case is not required to file a written answer, but they may. They may also file a counterclaim — say, the contractor claims you still owe him for materials. If the counterclaim fits within the small claims limit, it gets heard at the same hearing. If the counterclaim exceeds $10,000, the entire case could be moved out of small claims court.
One timing rule worth knowing: if the defendant is served fewer than five days before the hearing (or fewer than two days in an eviction case), the magistrate must grant a continuance on request. Otherwise, the magistrate has discretion. If you need a continuance, you need to show good cause — and you need the other side's consent or a compelling reason.
Use the time between filing and hearing to gather your evidence. In our contractor scenario, that means: the signed contract or text-message agreement, receipts for the $4,200 deposit, any written communications where you asked the contractor to return or refund, and photos of the unfinished or defective work. Small claims court doesn't have formal discovery, so everything you plan to present must come from what you already have.
What happens at the hearing — and after?
Magistrate's Court hearings are usually short. The plaintiff goes first: you explain your case, present your documents, and can call witnesses. The defendant can cross-examine your witnesses. Then the defendant presents their side. The magistrate may ask questions of both parties and can announce a decision on the spot.
If you win, the magistrate enters a judgment. Here's where many people are surprised: a judgment isn't the same as a check. If the contractor doesn't pay voluntarily, you have to collect. Your collection tools in North Carolina include:
- Writ of execution — After the 10-day appeal window closes without an appeal, ask the clerk of superior court to issue a writ of execution. The sheriff can then seize and sell the debtor's non-exempt personal property to satisfy the judgment.
- Bank account levy — A writ of execution can reach money in a bank account, subject to any exemptions the debtor claims.
- Judgment lien on real property — A docketed judgment becomes a lien on real property the debtor owns in that county.
Wage garnishment is not available for private civil judgments in North Carolina. Under N.C. Gen. Stat. § 1-362, North Carolina does not allow a private creditor to garnish an individual debtor's wages — one of the most protective rules for debtors in the country (and one of the most frustrating for winning plaintiffs). While the judgment accrues interest at 8% per year under N.C. Gen. Stat. § 24-1, a judgment against a debtor with no assets and no bank account can be genuinely difficult to collect.
If you disagree with the magistrate's decision, either party can appeal to district court for a new trial before a judge (or a jury if you request it in writing within 10 days). Notice of appeal must be filed either orally at the hearing or in writing with the clerk within 10 days of the magistrate's decision. Miss that window and the judgment is final.
Decision tree: should you file in small claims or district court?
About SmallClaimsHelper: SmallClaimsHelper is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file. Nothing here is a substitute for the advice of an attorney.
Get your small claims forms in minutes
SmallClaimsHelper is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file. Nothing here is a substitute for the advice of an attorney. Checking is free; $19 for the completed documents.
Check if your North Carolina claim qualifies →Frequently asked questions
Can I sue a business in North Carolina small claims court?
Yes, you can sue a business — a sole proprietorship, LLC, or corporation — in North Carolina small claims court as long as your claim doesn't exceed your county's limit (up to $10,000 under N.C. Gen. Stat. § 7A-210(1)). The business must be served through its registered agent or an authorized officer. On the flip side, a business can also be a plaintiff in small claims court, and it can be represented by a non-attorney authorized agent such as an owner or employee — it doesn't need a lawyer. Make sure you name the legal entity correctly on your complaint (for example, "ABC Roofing, LLC" rather than just "Bob's Roofing"), because a judgment against the wrong name is hard to enforce.
What if the defendant doesn't show up to the hearing?
If the defendant was properly served with the summons and complaint and still doesn't appear, the magistrate can hear your side of the case and decide in your favor without the defendant present. You still have to present your evidence — a no-show by the defendant doesn't mean automatic judgment for the full amount; the magistrate evaluates what you put forward. If the defendant wasn't properly served, the case must be continued so service can be completed. Keep your proof of service (sheriff's return or certified mail receipt) in your file.
How do I collect if the magistrate rules in my favor?
First, wait out the 10-day appeal window — you can't formally collect until that period passes without an appeal being filed. Once the judgment is final, you can ask the clerk of superior court to issue a writ of execution, which lets the sheriff seize and sell the debtor's non-exempt personal property to satisfy the debt. You can also levy a bank account. One important limitation: private creditors cannot garnish wages in North Carolina under N.C. Gen. Stat. § 1-362. Unpaid judgments accrue interest at 8% per year under N.C. Gen. Stat. § 24-1, so the debt grows over time even if you can't collect immediately.
What happens if I lose and want to appeal?
Either party can appeal the magistrate's decision to district court for a new trial. You must file a Notice of Appeal either orally at the hearing when the magistrate announces the decision, or in writing with the clerk of superior court within 10 days of the decision. You must also pay the district court filing costs on time — failure to pay results in dismissal of the appeal. At district court, the case starts fresh: you can present new evidence, file motions, and request a jury trial if you do so in writing within 10 days of filing the appeal. Because district court has more complex procedural rules, consider consulting an attorney before appealing.