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North Carolina Small Claims Court Limits
North Carolina small claims court limit varies from $5,000 to $10,000 depending on the county. Contact your local clerk for the specific limit.
Court Name: Small Claims Court (Magistrate Court within District Court)
Official Website: https://www.nccourts.gov/courts/small-claims-court
Filing Fees in North Carolina
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Typical Range | $96 |
Filing fee is approximately $96. Additional fees for service by sheriff.
Serving the Defendant
Service must be completed at least 5 days before the trial date.
Allowed Service Methods:
- Personal service by sheriff
- Certified mail with return receipt
- Registered mail
Important: You must serve the defendant at least 5 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
Attorneys Allowed: Attorneys are permitted in North Carolina small claims court. Magistrates hear the cases.
Appeals
Either party may appeal to District Court within 10 days for a new trial.
North Carolina Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | years |
| Oral Contract | years |
| Property Damage | years |
| Personal Injury | years |
Do I Need a Demand Letter Before Filing?
Sending a demand letter is recommended to demonstrate good faith before filing suit.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in North Carolina?
North Carolina small claims court limit varies from $5,000 to $10,000 depending on the county. Contact your clerk of court for specifics.
How much does it cost to file small claims in North Carolina?
The filing fee is approximately $96. Sheriff service fees are additional.
How long do I have to sue for breach of contract in North Carolina?
In North Carolina, you have 3 years to file a lawsuit for breach of written or oral contract.
How do I appeal a North Carolina small claims judgment?
Either party may appeal to District Court within 10 days. The appeal results in a new trial (trial de novo).
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup