NC Small Claims Court Fee Waiver: How to File as Indigent

Court Fees You Might Need Waived

If you are a defendant in North Carolina small claims court, the good news is that simply appearing at your hearing costs nothing. Under N.C.G.S. § 7A-218, filing a written answer is free and completely optional — you preserve all your defenses just by showing up.

But two defendant actions do carry fees:

• Filing a counterclaim — variable court costs, plus a $30 sheriff service fee if the counterclaim is served by the sheriff
• Appealing to District Court — approximately $150 or more in District Court appeal filing costs

If you cannot afford these costs, North Carolina allows you to petition to proceed as indigent so you may not have to advance them.

Form AOC-G-106: Petition to Proceed as an Indigent

The fee waiver application is Petition to Proceed as an Indigent (Form AOC-G-106). You can download it from the NC Courts website at nccourts.gov or pick up a paper copy at the Clerk of Superior Court's office in your county.

The form asks for basic financial information: your income, household size, monthly expenses, and whether you receive certain government benefits. Fill it out completely — an incomplete form can be denied on that basis alone.

Who Qualifies

You automatically qualify if you currently receive any of these benefits:

• SNAP (food stamps / EBT)
• TANF (Temporary Assistance for Needy Families)
• SSI (Supplemental Security Income)
• Legal services representation (you are represented by a legal aid organization)

If you do not receive any of those benefits, you can still qualify if your income falls below 125% of the federal poverty line or you can demonstrate severe financial hardship that makes paying court costs impossible without sacrificing basic necessities.

The Clerk of Superior Court or a District Court judge can approve a general petition. For an appeal from a magistrate judgment, a Clerk, magistrate, or judge may authorize indigent status under N.C.G.S. § 7A-228(b1). The order is recorded on the back of the form. If approved, you generally do not have to advance filing, service, and copy costs. The court tracks costs and may collect them later as allowed by law.

Timing Matters for Appeals

If you lose at the magistrate hearing and want to appeal, the timing of your fee waiver petition is critical. If judgment is announced in open court, you may announce your appeal there. Otherwise, file and serve written notice (Form AOC-CVM-303) within 10 calendar days after judgment. If the clerk mails the judgment, Rule 6 time-computation rules apply. Separately, appeal court costs must be paid within 20 calendar days (10 days for summary ejectment cases).

Here is the safety net: if you file your AOC-G-106 indigency petition within the 10-day appeal window and the petition is denied, you get an additional 5 days from the date of denial to pay the appeal costs. This prevents a slow-moving petition from killing your appeal rights.

If judgment is announced in open court, announce your appeal there; otherwise file written notice on time. File the indigency petition within 10 days if you need help with appeal costs — do not wait for the fee waiver decision before giving notice of appeal.

What the Waiver Covers

An approved petition to proceed as indigent can cover advance payment for:

• Filing fees for your counterclaim or appeal
• Sheriff service fees for serving documents
• Copy fees for court records

It does not eliminate any judgment amount you are ordered to pay or damages awarded against you. Ask the clerk which costs will remain tracked or may be collected later.

Filing the Form

Submit your completed AOC-G-106 to the Clerk of Superior Court in the county where your case is pending. You can file in person at the courthouse or through File & Serve at efile.nccourts.org. eCourts is available in all 100 North Carolina counties.

Keep a copy of the filed petition for your records. If the Clerk denies the petition, you can ask a District Court judge to review the decision.

For the full picture of what to expect as a defendant in NC small claims court — from the day you are served through the hearing and any appeal — see our step-by-step response guide.

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