Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
North Carolina doesn't require a demand letter before you file, but sending one gives you proof that you tried to settle.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In North Carolina you can sue for up to $10,000 in the Small Claims Court (heard by a magistrate).
Run the 60-second case check to see the last day you can file.
Use the registered name and serve the registered agent.
Search: North Carolina Secretary of State Business Registration Search.
1–2 evenings
AOC-CVM-200: Complaint for Money Owed. Get the form.
Sign the complaint; no notary is needed.
Bring three copies of the complaint and of the summons.
Filing day
Choose how you'll file:
File with the Clerk of Superior Court in a county where at least one defendant lives, not where you live. Bring three copies of the complaint and of the Magistrate Summons (AOC-CVM-100).
$96 to file, plus $30 per defendant if the sheriff serves the papers. Serving by certified mail costs only postage. Can't afford it? Ask for a fee waiver: Petition to Sue/Appeal as an Indigent (form AOC-G-106).
You get a case number and a hearing date before a magistrate within 30 days.
Right after filing
The sheriff can deliver the papers, or you can send them by certified or registered mail with a return receipt. The defendant can also accept them in writing.
If the defendant is served fewer than 5 days before the hearing, they can ask for a postponement.
Sheriff's return or affidavit of service by certified mail
The sheriff files the return; if you used certified mail, file an affidavit with the signed receipt before the hearing.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant doesn't have to file an answer but may file one, including a counterclaim.
If you settle, file a voluntary dismissal with the clerk.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena for a witness.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't come, the magistrate can rule for you on your evidence. If you don't come, your case can be dismissed.
Weeks to months
Either side can appeal to District Court for a completely new trial, with a jury if requested. Announce it at the hearing or file a Notice of Appeal (AOC-CVM-303) within 10 days, and pay the appeal costs ($146) within 20 days.
After the 10-day appeal period, ask the clerk for a writ of execution so the sheriff can seize non-exempt property. Judgments last 10 years and can be renewed once.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.