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NC State Guide

North Carolina Small Claims Court

Small Claims Court (Magistrate Court)

$10,000
Maximum Claim
$30 - $96
Filing Fees
30-60 days
Timeline
In-person
Hearing Format

Court Information

Court Name

Small Claims Court (Magistrate Court)

Attorneys

Allowed

Appeal Rights

Appeal to District Court within 10 days for trial de novo

Court Website

https://www.nccourts.gov

Statute of Limitations

3 years
Written Contracts
3 years
Oral Contracts
3 years
Property Damage

Unique Rules in North Carolina

Magistrates hear cases
Full trial available on appeal

How to File in North Carolina

1

Determine if your case qualifies for small claims court

2

Send a demand letter to the other party

3

File your claim at the correct courthouse

4

Serve the defendant with the lawsuit

5

Prepare your evidence and presentation

6

Attend the hearing and present your case

Amendment Filing Fees in North Carolina

Amendment Fee Range

Amendment fees in North Carolina typically range from $15-$50, depending on the court and type of amendment.

Important Note
Contact your local court clerk for exact amendment fees, as they vary by jurisdiction.

When Amendments Are Allowed

Before the defendant is served
To correct clerical errors or add necessary details
With court permission after service
Cannot increase claim amount beyond court limits

Common Amendment Types

Correct Defendant Name
Fix misspellings or add proper legal names
Add Damages
Include additional damages discovered later
Clarify Facts
Provide clearer description of the dispute

Filing Fees by County in North Carolina

Filing fees can vary slightly between counties. Here are the fees for major North Carolina counties:

County Up to $5,000 $5,001-$10,000 Notes
Buncombe County $96 $180 Includes service fee
Mecklenburg County $96 $180 Charlotte area courts
Wake County $96 $180 Raleigh area courts
Guilford County $96 $180 Greensboro area courts
Durham County $96 $180 Research Triangle area
Forsyth County $96 $180 Winston-Salem area

Additional Fees to Consider

  • Service of process: $30-$75 (included in Buncombe County)
  • Certified mail service: $15-$25
  • Copy fees: $0.25 per page

Buncombe County Specific Info

Court Address: 60 Court Plaza, Asheville, NC 28801

Phone: (828) 250-4000

Hours: Monday-Friday, 8:00 AM - 5:00 PM

Online Filing: Available for some case types

State-Specific Resources

Additional guides and information for North Carolina small claims cases

Complete Small Claims Guide

Comprehensive guide to filing, preparing, and winning your small claims court case nationwide.

Demand Letter Templates

Free templates and examples for writing effective demand letters before filing your case.

Frequently Asked Questions

The maximum you can sue for in North Carolina small claims court is $10,000.

Filing fees in North Carolina range from $30 - $96, depending on the claim amount.

Yes, attorneys are allowed to represent parties in North Carolina small claims court.

From filing to hearing typically takes 30-60 days in North Carolina.

Appeal to District Court within 10 days for trial de novo

Counties We Serve in North Carolina

Find small claims court information for your county

Wake County

Population: 1,129,410
Max claim: $10,000

Mecklenburg County

Population: 1,115,482
Max claim: $10,000

Guilford County

Population: 541,299
Max claim: $10,000

Forsyth County

Population: 382,590
Max claim: $10,000

Cumberland County

Population: 334,728
Max claim: $10,000

Durham County

Population: 324,833
Max claim: $10,000

Buncombe County

Population: 269,452
Max claim: $10,000

Union County

Population: 238,267
Max claim: $10,000

Gaston County

Population: 227,943
Max claim: $10,000

Cabarrus County

Population: 225,804
Max claim: $10,000
View all 100 counties

All 100 Counties in North Carolina

Alamance County Alexander County Alleghany County Anson County Ashe County Avery County Beaufort County Bertie County Bladen County Brunswick County Buncombe County Burke County Cabarrus County Caldwell County Camden County Carteret County Caswell County Catawba County Chatham County Cherokee County Chowan County Clay County Cleveland County Columbus County Craven County Cumberland County Currituck County Dare County Davidson County Davie County Duplin County Durham County Edgecombe County Forsyth County Franklin County Gaston County Gates County Graham County Granville County Greene County Guilford County Halifax County Harnett County Haywood County Henderson County Hertford County Hoke County Hyde County Iredell County Jackson County Johnston County Jones County Lee County Lenoir County Lincoln County Macon County Madison County Martin County McDowell County Mecklenburg County Mitchell County Montgomery County Moore County Nash County New Hanover County Northampton County Onslow County Orange County Pamlico County Pasquotank County Pender County Perquimans County Person County Pitt County Polk County Randolph County Richmond County Robeson County Rockingham County Rowan County Rutherford County Sampson County Scotland County Stanly County Stokes County Surry County Swain County Transylvania County Tyrrell County Union County Vance County Wake County Warren County Washington County Watauga County Wayne County Wilkes County Wilson County Yadkin County Yancey County

State-Specific Resources

Additional guides and information for North Carolina small claims cases

Complete Small Claims Guide

Comprehensive guide to filing, preparing, and winning your small claims court case nationwide.

Demand Letter Templates

Free templates and examples for writing effective demand letters before filing your case.

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