Small claims court in Avery County, North Carolina
In Avery County, small claims cases up to $10,000 are heard by the Avery County Small Claims Court (District Court; file with the Clerk of Superior Court). Here is where it is, how to reach it and how to file.
Where to file in Avery County
Avery County Small Claims Court (District Court; file with the Clerk of Superior Court)
Address: 200 Montezuma St, Newland, NC 28657 · Map
Phone: 828-737-6700
Online filing: available, per the court
Court addresses, phones and hours change. Call the clerk before you go, and ask whether small claims are filed at this location.
Is this the right county?
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).
If the person or business you are suing is in another county, use that county's court instead. See all North Carolina counties.
How to file in Avery County
Ask for payment in writing
North Carolina doesn't require a demand letter before you file, but sending one gives you proof that you tried to settle. Make a free demand letter.
Fill in the claim (AOC-CVM-200)
Complaint for Money Owed Get the form.
File it with the Avery County Small Claims Court (District Court; file with the Clerk of Superior Court) and pay the fee
$96 to file, plus $30 per defendant if the sheriff serves the papers. Serving by certified mail costs only postage. Fee waiver: Petition to Sue/Appeal as an Indigent (form AOC-G-106).
Have the papers served
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.
Go to the hearing
By law the hearing is set within 30 days of filing. Bring receipts, photos, messages, the contract and your demand letter, with copies.
Want every detail? The full North Carolina filing guide covers each stage with a checklist.
Open the filing guideCommon questions
Where is small claims court in Avery County?
Small claims in Avery County are filed with the Avery County Small Claims Court (District Court; file with the Clerk of Superior Court), 200 Montezuma St, Newland, NC 28657. Phone: 828-737-6700.
How much can I sue for in Avery County small claims court?
Up to $10,000. 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.
How much does it cost to file in Avery County?
$96 to file, plus $30 per defendant if the sheriff serves the papers. Serving by certified mail costs only postage. Fee waiver: Petition to Sue/Appeal as an Indigent (form AOC-G-106).
Can I file a small claim online in Avery County?
Yes. The court says online filing is available for small claims. Check the court website for the e-filing system and any fees.