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North Carolina Small Claims Court

Small Claims Court (magistrates, District Court division), for claims up to $10,000.

Last checked November 1, 2026

The most you can ask for$10,000
LawyersLawyers allowed
Time to sue on a contract3 years
Good to know

$10,000 is the state ceiling. The actual limit is set locally and ranges from $5,000 to $10,000 depending on the county, so ask the clerk of court. Claims above the local limit go to District Court.

How it works in North Carolina

  1. Ask the clerk of court for your county's small claims limit.
  2. File in a county where at least one defendant lives.
  3. Prepare three copies of the complaint and magistrate summons, plus a military status affidavit. Guide & File can help with money and property claims.
  4. File with the clerk of superior court and pay $96, or ask to file as indigent.
  5. Have the defendant served by the sheriff or certified mail.
  6. Go to your court date, usually within 30 days of filing.

What it costs

$96. Sheriff service is $30 more, or you can use certified mail.

How long you have to sue

Written contract3 years
Spoken agreement3 years
Damage to property3 years
Personal injury3 years

N.C. Gen. Stat. § 1-52. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either party can appeal to District Court for a new trial, by telling the magistrate when the decision is made or by filing written notice with the clerk within 10 days.

No change found. The $10,000 ceiling was last amended in 2013 (§ 7A-210 history).

Sources

Cities in North Carolina

North CarolinaCharlotteMecklenburg County Small Claims Court (District Court, heard by magistrates)

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General information to help you get organized, last checked November 1, 2026. It isn't legal advice, and SueYou isn't a law firm. Laws change and every case is different, so confirm anything important with a lawyer or the court. No lawyer has reviewed this page yet.