North Carolina Small Claims Court Guide

North Carolina Quick Facts

How to File in North Carolina District Court

North Carolina's small claims cases are heard in the District Court's Magistrate division. The process is informal and designed for self-represented parties. One standout feature: the filing fee is a flat $96 no matter how much you're claiming, which makes it predictable and easy to budget for. Lawyers are allowed but not required.

1. Collect your evidenceGather your lease, the Tenant Security Deposit Act notice your landlord was required to provide, move-in/move-out photos, your demand letter with proof of mailing, and any written communication. If your landlord didn't hold the deposit in a trust account, note that — it's a separate violation under N.C. law.
2. Go to the District Court clerk's officeFile at the District Court in the county where the defendant lives or where the rental property is located. North Carolina has District Courts in every county seat. The clerk's office can provide you with the correct complaint form for small claims.
3. Fill out the complaintComplete the Complaint in Summary Ejectment / Money Owed form (or the general small claims complaint form, depending on your county). Include the amount claimed, a description of the dispute, and the specific statute your landlord violated. Keep your description factual and concise.
4. Pay the $96 filing fee & arrange servicePay the flat $96 fee at the clerk's office. The court will issue a summons. Service is typically handled by the county sheriff for a small additional fee ($5–$15), or you can use certified mail. File proof of service with the court before your hearing.
5. Present your case to the magistrateHearings are held before a magistrate judge and are relatively informal. Present your evidence in order, explain the timeline, and reference the specific statute. The magistrate usually announces the decision at the hearing. Either party can appeal to District Court for a new trial within 10 days.

North Carolina Filing Fees

North Carolina uses a flat fee structure — you pay $96 regardless of whether your claim is $500 or $10,000. This is unusual among states and makes the cost completely predictable. Service by the sheriff adds approximately $5–$15 per defendant.

Fee waivers are available for those who qualify based on income. Ask the clerk for the Petition to Proceed as an Indigent form. If you prevail, the magistrate can order the defendant to reimburse your filing and service costs as part of the judgment.

What You Can Sue For

• Security deposits — Landlord failed to return your deposit within 30 days or didn't hold it in a trust account as required by N.C. Gen. Stat. § 42-50 (full deposit + attorney fees for willful violations)
• Property damage — Someone damaged your car, personal property, or belongings worth up to $10,000
• Breach of contract — A party didn't deliver on a written or verbal agreement for goods, services, or payments
• Unpaid debts — Money owed for services, loans, or other obligations up to $10,000

Frequently Asked Questions