How to File Small Claims Court North Carolina

You have an unpaid invoice, a security deposit that never came back, or a contractor who walked off with your money. North Carolina small claims court lets you recover up to the county limit, which ranges from $5,000 to $10,000, without hiring a lawyer — but filing the paperwork correctly is the part that trips most people up.

What North Carolina Small Claims Court Actually Is

Small claims court in NC is not a separate court. It is a session of the District Court presided over by a magistrate. The Clerk of Superior Court in your county handles intake — accepting your forms, collecting fees, and issuing the summons. The magistrate hears the case, evaluates evidence, and enters judgment.

You file using Form AOC-CVM-200 (Complaint for Money Owed). The clerk issues Form AOC-CVM-100 (Magistrate Summons), which notifies the defendant when and where to appear.

Step-by-Step Filing Procedure

1. Verify your claim fits. A money claim must be within the local county limit, which ranges from $5,000 to $10,000. Small claims can also seek recovery of specific personal property or summary ejectment, but a magistrate generally cannot order someone to perform a contract (like finish a job). Interest and costs are excluded when computing the amount in controversy.

2. Identify the defendant's legal name. If you are suing an individual, use their full legal name. If suing a business, search the NC Secretary of State Business Registration database for the exact corporate or LLC name and the registered agent's address. Filing under a trade name alone (like "Mike's Plumbing") gets rejected at the clerk's counter.

3. Check the statute of limitations. Most contract claims carry a three-year deadline from the breach or payment due date. Property damage claims generally have a three-year period from when the damage becomes apparent or reasonably should have become apparent. UCC goods contracts get four years. Contracts under seal get ten.

4. Send a demand letter. Not always legally required, but magistrates look favorably on plaintiffs who gave the defendant a chance to pay before filing. State the amount, the basis, and a response deadline of 10 to 14 days.

5. Complete Form AOC-CVM-200. Fill in the defendant's legal name and address, your claim amount, and a brief factual description of what happened. If the defendant does not appear and you seek a default judgment, submit the SCRA military affidavit (Form AOC-G-250) before the court enters judgment.

6. File and pay. Bring the completed forms to the Civil Small Claims Division of the Clerk of Superior Court in the defendant's county. The filing fee is $96, plus $30 per defendant for sheriff service. Pay by cash, cashier's check, money order, or card — personal checks are not accepted. If filing online through eCourts Guide & File, fees are paid electronically.

7. Serve the defendant. The county sheriff delivers the summons, or you can use certified mail (return receipt requested). The defendant must be served at least five calendar days before the trial date. Keep your proof of service — you will need it.

8. Prepare evidence. Bring printed copies of documents and print or transfer digital evidence to physical media. Provide the original plus two copies (one for the magistrate, one for the opposing party). Magistrates do not scroll through phones.

9. Attend the hearing. You must attend and present sworn testimony, even if the defendant does not show up. A magistrate cannot enter judgment on your paperwork alone — you still have to prove your case.

What Happens After the Hearing

The magistrate enters judgment on Form AOC-CVM-400, either immediately or after reserving judgment for up to 10 days. If you lose, you have 10 calendar days to file an appeal (Form AOC-CVM-303) for a brand-new trial in District Court — that appeal fee is $150.

Common Filing Mistakes That Delay Cases

Wrong defendant name. Filing in the wrong county. Bringing digital evidence on a phone screen instead of printed copies. These can cause continuances or outright dismissals, and the $96 filing fee is still spent. If the defendant does not appear, a missing military affidavit can prevent a default judgment.

The complete NC filing procedure — from the demand letter through evidence preparation and every form — is covered in our North Carolina Small Claims Filing Guide.

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