North Carolina Small Claims Court: The $10,000 Limit, Filing and the 10-Day Appeal

North Carolina’s small claims court is run by magistrates, and it handles disputes of up to $10,000 [1]. It’s built for people without lawyers: a landlord who kept a deposit, a buyer who never paid, a neighbor who won’t give back your trailer.

What small claims can handle

A case belongs in small claims if both of these are true [1]:

• the amount in dispute is $10,000 or less, and
• what you mainly want is money, the return of specific personal property, summary ejectment (an eviction), or some combination.

Magistrates can also hear certain motor vehicle and storage lien cases [1]. They can’t order someone to do or stop doing something, like finish a repair. If you’re owed more than $10,000, you can cut your claim down to fit, but talk to a lawyer first: you may give up the rest.

Where to file

You file with the clerk of superior court in a county where at least one defendant lives when you file [1]. This rule is strict. If no defendant lives in that county, the magistrate has no power to hear the case, and it can be dismissed [1].

How to file and serve

1. Ask for payment in writing first. Say what’s owed and set a deadline. It may settle things, and it shows the magistrate you tried.
2. Fill out the complaint. North Carolina uses statewide small claims forms, available from the clerk’s office.
3. File with the clerk and pay the court costs. The amount is set by state law; ask the clerk for the current figure. If you can’t afford it, ask the clerk about filing as an indigent.
4. Have the defendant served with the summons and complaint. Most cases are served by the sheriff, who can hand the papers to the defendant or leave them at their home with a suitable adult [1]. In Wake County, for example, the sheriff charges $30 per person served in-state [2]. You can also serve by registered or certified mail with a return receipt, signature confirmation, or a designated delivery service, then file an affidavit of service with the court [1].
5. Mind the timing. The defendant must get the papers at least 5 days before the hearing (2 days in eviction cases). If not, the magistrate should continue the case [1].
6. Go to the hearing with your evidence: contracts, receipts, photos, texts, estimates, and any witnesses. You have to prove each part of your claim [1].

Appeals

Either side can appeal a magistrate’s judgment to district court for a trial de novo [1].

Collecting what you win

A judgment says the other side owes you; it doesn’t collect it. If they don’t pay, you can ask the clerk for an execution , but first you usually have to serve the defendant with forms that let them claim their exempt property [1]. An execution costs $55: $25 for the court and $30 for the sheriff, and those costs are added to what the defendant owes [1]. If you won the return of property and it isn’t handed over within 10 days, you can ask for a writ of possession for the same fees [1].