A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In North Carolina you can sue for up to $10,000 in the Small Claims Court (heard by a magistrate), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
North Carolina doesn't require a demand letter before you file, but sending one gives you proof that you tried to settle. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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).
Complaint for Money Owed. By law the hearing is set within 30 days of filing.
$96 to file, plus $30 per defendant if the sheriff serves the papers. Serving by certified mail costs only postage. If you can't afford it, ask for a fee waiver: Petition to Sue/Appeal as an Indigent (form AOC-G-106).
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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. For fraud, the 3-year clock starts when the fraud is discovered. Sales of goods have 4 years.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 3 years |
| Broken verbal agreement | 3 years |
| Damaged property | 3 years |
| Personal injury | 3 years |
| Fraud | 3 years |
| Libel or slander | 1 year |
| Claims against a government agency | Negligence claims against state agencies go to the N.C. Industrial Commission, not small claims; check before filing. |
Not required, but allowed. A business can be represented by an owner or employee. Clerks and magistrates cannot give legal advice.
The state cap is $10,000, but each county's chief district judge can set a lower local limit, between $5,000 and $10,000. Ask your county clerk. Claims above the local limit and up to $25,000 go to regular District Court. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
Free spoken-language interpreters are available. Request one from your county's Language Access Coordinator at least 10 business days before the hearing.