NC Small Claims Court Costs and Fees
Defendant Costs vs. Plaintiff Costs
If you're the one being sued, your baseline out-of-pocket cost is $0. Filing a written answer as a defendant carries no court fee. You don't pay to show up at the hearing. You don't pay to present your defense.
Costs arise only if you take an affirmative step — filing a counterclaim or appealing a judgment.
Here's the full breakdown:
| Action | Fee |
|---|---|
| Filing a written answer (defendant) | $0 |
| Sheriff service on a counterclaim | $30 per party |
| Filing a counterclaim | Variable court costs |
| Appeal to District Court | ~$150+ filing fee |
| Subpoena for a witness (AOC-G-100) | $30 sheriff service + statutory $5/day and mileage fee if demanded |
For comparison, the plaintiff paid a base filing fee (currently $96) plus $30 if the sheriff served the summons. If you lose, the magistrate may award those court costs to the plaintiff as part of the judgment.
Fee Waivers for Indigent Parties
If you can't afford the costs for a counterclaim or appeal, North Carolina provides a formal fee waiver process. File Form AOC-G-106 (Petition to Proceed as an Indigent) with the Clerk of Superior Court.
You qualify automatically if you receive:
- SNAP (food stamps)
- TANF (Temporary Assistance for Needy Families)
- Supplemental Security Income (SSI)
- Representation through a legal services organization
You may also qualify if your income falls below 125% of the federal poverty line or if you can demonstrate severe financial hardship.
The Clerk, a magistrate, or a district judge reviews and rules on the petition. If approved, all filing, service, and copy fees are waived.
Important timing for appeals: if you petition to proceed as an indigent within 10 days of the judgment and the petition is denied, you get an additional 5 days from the denial to pay the appeal costs. Without filing AOC-G-106, the hard deadline is 20 days (10 days for eviction) — miss it and the appeal is automatically dismissed.
Hidden Costs to Watch For
Beyond court fees, practical costs can add up:
- Printing and copies: Three copies of every exhibit (one for the magistrate, one for the plaintiff, one for you). If you have 15 exhibits, that's 45 pages.
- Lost wages: Most small claims hearings are during business hours. NC doesn't compensate defendants for time off work.
- Certified mail: If you choose to file an optional written answer and serve it by certified mail, that's $5–$10.
- Attorney consultation: A one-hour consultation typically runs $200–$400 in NC. You're not required to have a lawyer, but some defendants find a single strategy session worthwhile.
Free Download
Get the North Carolina Small Claims Response Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
Can the Loser Be Ordered to Pay the Winner's Costs?
Yes. The magistrate can include reasonable court costs in the judgment. This typically covers the filing fee and service costs — not attorney fees (which are rarely awarded in small claims unless a statute or contract specifically provides for them).
If you win your defense, the magistrate may order the plaintiff to eat their own filing and service costs. If you lose, expect those costs added to the judgment amount.
Know What You're Paying For
The NC Small Claims Response Guide maps every potential cost — filing fees, service charges, appeal costs, and the fee waiver process — so you can budget for the case without surprises.
Get Your Free North Carolina Small Claims Response Checklist
Download the North Carolina Small Claims Response Checklist — a printable guide with checklists, scripts, and action plans you can start using today.