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North Carolina · Filing guide · Small Claims Court (heard by a magistrate)

How to file a small claims case in North Carolina, step by step

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.

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Before you file

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.

  • Your full name, address and phone
  • The defendant's exact legal name and a street address where they can be served (not a P.O. box)
  • The amount you're asking for and how you got that number
  • The date the problem happened
  • A short plain description of what happened
  • Proof you asked for payment, if you did

Use the registered name and serve the registered agent.

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  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

AOC-CVM-200: Complaint for Money Owed. Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $10,000) and how you calculated it
  • What you did: when you asked for payment and their response

Sign the complaint; no notary is needed.

Bring three copies of the complaint and of the summons.

File and pay

Filing day

Choose how you'll file:

OnlineSome courtsIn counties on eCourts, you can prepare and file some actions online for free; otherwise file with the clerk on paper. eCourts Guide & File
In personFile the complaint and the Magistrate Summons with the Clerk of Superior Court in the defendant's county and pay the fee.
By mailSome clerks accept filings by mail; call to confirm.

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.

Serve the defendant

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.

Before the hearing

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.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • A magistrate hears the case and often decides on the spot
  • Arrive 30 minutes early and check in with the clerk or bailiff
  • Bring three copies of every document and your evidence in date order
  • Bring your witnesses, or a subpoena if they won't come voluntarily
  • Turn your phone to silent; dress neatly

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

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.

After the judgment

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.

Free help in North Carolina

NC Judicial Branch Help Topics

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