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

What the Fee Waiver Covers

Filing a small claims case in North Carolina costs at least $126 upfront — the $96 filing fee plus $30 for sheriff service of process on one defendant. Add a second defendant and it's $156. For someone on a fixed income or public assistance, that's a real barrier.

Under N.C.G.S. § 1-110, indigent litigants can petition the court to waive these advance costs using Form AOC-G-106 (Petition to Proceed as an Indigent). If approved, the waiver covers:

• The $96 civil filing fee
• Sheriff service fees ($30 per defendant)
• Subpoena service fees ($30 per witness, if needed)
• Appeal docketing fees ($150, if you later need to appeal)

Photocopies of court records are charged separately.

The waiver does not release you from liability for the opposing party's costs if you lose the case. If the magistrate rules against you and awards costs to the defendant, you're still responsible for those.

Who Qualifies

The clerk must authorize the petition if you cannot advance the required court costs and you:

• Receive electronic food and nutrition benefits (SNAP)
• Receive Work First Family Assistance
• Receive Supplemental Security Income (SSI)
• Are represented by a legal services organization whose primary purpose is providing legal services to indigent people, or by private counsel working on its behalf

If you do not meet one of these categories, the clerk or judge may still authorize you to proceed as indigent if you cannot advance the required court costs. The petition asks about your financial circumstances, and the Clerk of Superior Court or a judge makes the determination.

How to Apply

The process is straightforward:

1. Get Form AOC-G-106 from the Clerk of Superior Court's office in the county where you're filing, or download it from the NC Courts website.
2. Complete the financial disclosure sections. List your income sources, monthly expenses, assets, debts, and dependents. Be thorough — incomplete forms get denied.
3. Sign the affidavit under oath. You can swear to it before a Notary Public or a Deputy Clerk at the courthouse.
4. Submit the petition with your complaint. File AOC-G-106 at the same time you file your small claims complaint (Form AOC-CVM-200). If approved, the clerk processes your complaint without requiring the advance fees.

If the petition is denied, the clerk notifies you and you'll need to pay the standard filing and service fees within the deadline to keep your case alive. If you can't pay, the case is dismissed, but you can refile later if your financial situation changes and the statute of limitations hasn't run.

Timeline and What to Expect

Most clerks review fee waiver petitions the same day or within a few business days. There's no hearing — the decision is based on the financial disclosures in the petition. Some counties have a clerk dedicated to processing pro se filings, which speeds things up.

If approved, your case proceeds normally. The fee waiver doesn't affect the substance of your claim or how the magistrate handles the hearing — it only removes the financial barrier to filing.

If you're filing a small claims case and need to understand the full cost structure, the North Carolina Small Claims Filing Guide breaks down every fee at each stage of the process.

See more North Carolina guides →