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4worldlovers: ECourts Guide & File NOW AVAILABLE for Small Claims: Money Owed, Repossession of Personal Property

A free online service to help users prepare court documents to file for certain case types.

Small claims court is part of the district court division of the North Carolina state court system. Magistrates decide cases in small claims court. The maximum amount of money that can be requested in a small claims case varies by county, from $5,000 to $10,000.

A magistrate is an appointed officer of the district court. Some of their statutory duties include deciding cases in civil small claims court, deciding preliminary matters in criminal cases, and performing marriages. Magistrates may or may not be attorneys.

A plaintiff is a person or organization that files a court case. A defendant is a person or organization against whom a court case is filed.

Summary ejectment (also known as eviction cases, see the Landlord and Tenant Help Topic for more information).

Cases where the plaintiff seeks the return of specific personal property, such as a vehicle, where the fair market value of the property does not exceed $10,000.

Actions for enforcement of motor vehicle mechanic and storage liens under G.S. 44A-2(d) and motor vehicle liens arising under G.S. 20-77(d).

Cases where the amount of money sought in the complaint does not exceed $10,000. The dollar limit varies from $5,000 to $10,000 depending on local rules. You can contact the clerk of court in your county to find out your local small claims court limit. If you are requesting more than the limit, up to $25,000, your case must be filed in district court. If you are requesting more than $25,000, your case must be filed in superior court.

Am I required to file my case in small claims court?

No. Cases that are eligible for small claims court may also be heard in district court. However, the small claims court process is usually faster and is easier to manage for people without an attorney, because there are fewer procedural requirements.

Small claims cases, unlike district and superior court cases, must be filed in the county where at least one of the defendants resides.

ECourts Guide & File is available to help users prepare court documents online to file for Small Claims: Money Owed, Repossession of Personal Property.

A small claims case is filed in the clerk of superior court’s office in the appropriate county. The forms may be printed and completed in advance, or the clerk of superior court can provide you with the forms. You will need to provide the following:

Three copies of the complaint, stating the claim(s) and what relief is requested from the magistrate.

If the claim is for money, this form can be used for your complaint.

If the complaint is to recover personal property, this form can be used.

If the complaint is for summary ejectment (eviction), this form can be used.

Recovery of a motor vehicle held for lien and to determine the amount of lien

Recover motor vehicle to enforce possessory lien and to establish amount of lien

Three copies of the Magistrate Summons. Only the top portion of the first page should be filled out, including the names and addresses of all parties.

An affidavit pursuant to the Servicemembers Civil Relief Act (SCRA), telling the court whether or not the defendant is in the military. This is intended to protect the legal rights of active-duty service members. You can search military records to find a person’s status here.

A filing fee of $96. If you are unable to afford the fee, you can ask to file your case as an indigent by using this form.

NOTE: Local requirements may vary. Please check with your local clerk’s office to find out what forms and quantity of each are required in that county.

Once the case is filed, the plaintiff is responsible for serving the defendant with a copy of the summons and complaint, generally either by having the sheriff serve the defendant for a fee of $30, or by mailing a copy to the defendant via certified mail, return receipt requested.

Yes, if the plaintiff is successful, the magistrate may order the defendant to pay the plaintiff’s court costs. Unsuccessful plaintiffs are generally held responsible for their own court costs.