North Carolina · small claims

Small claims court NC (North Carolina)

Small claims court in NC is a magistrate hearing in District Court for claims of $10,000 or less, including evictions and the return of specific personal property. Either side may appeal to District Court within 10 days for a brand-new trial, and you may bring a lawyer or represent yourself.

Statute of Limitations by State editorial teamUpdated 5 sources

North Carolina small claims limit, fees and rules

North Carolina assigns money claims of $10,000 or less, summary ejectment (eviction) and actions to recover specific personal property to small claims when the plaintiff asks and the chief district judge has made the assignment (N.C. Gen. Stat. § 7A-210). A magistrate hears the case, usually within weeks of filing.[1][2]

North Carolina small claims at a glance (checked November 2026)
RuleNorth Carolina
Dollar limit$10,000$10,000 or less in small claims before a magistrate in District Court (claims assigned by the chief district judge).
CourtDistrict Court, small claims (magistrate)
Filing feeSet by the court
LawyersAllowedParties may represent themselves or use a lawyer; a business may appear through an officer or employee in small claims (G.S. 84-5(b)).
AppealEither party may appeal to District Court for a new trial (de novo) within 10 days after judgment (G.S. 7A-228).

Appealing a North Carolina small claims judgment

The losing party may appeal to District Court within 10 days after judgment, and the case is then tried again from the start (de novo) before a district judge (N.C. Gen. Stat. § 7A-228). Because the new trial ignores the magistrate’s ruling, many plaintiffs who expect an appeal gather their evidence as if for a full trial from the beginning.

  • Lawyers: optional; a business may appear through an officer or employee (N.C. Gen. Stat. § 84-5(b)).
  • Fees: set by statute for the whole state; check the current amount with the clerk of superior court before filing.

Deadline to file in North Carolina

Small claims cases have the same filing deadline as any lawsuit: once the statute of limitations runs, the court will dismiss the claim if the defendant raises it.[3][4][5]

North Carolina limitation periods for common small claims
ClaimDeadlineStatute
Unpaid loan or written contract3 yearsN.C. Gen. Stat. § 1-52(1)
Oral agreement3 yearsN.C. Gen. Stat. § 1-52(1)
Credit card or open account3 yearsN.C. Gen. Stat. § 1-52(1)
Property damage (e.g. fender bender)3 yearsN.C. Gen. Stat. § 1-52(4)

See the full North Carolina statute of limitations list for other claims, compare the small claims limit by state if the defendant is elsewhere, and read how to file a claim in small claims court for the general steps. Whether to bring counsel is covered on the small claims attorney page.

Frequently asked questions

What is the small claims limit in NC?
$10,000 (N.C. Gen. Stat. § 7A-210). Evictions and suits to recover specific personal property can also be heard in small claims.
How long do you have to appeal a small claims judgment in North Carolina?
10 days after judgment; the appeal goes to District Court for a new trial (N.C. Gen. Stat. § 7A-228).
Do you need a lawyer for small claims court in NC?
No. You may represent yourself or hire a lawyer, and a business may appear through an officer or employee.

Sources

  1. N.C. Gen. Stat. §§ 7A-210, 7A-228, 7A-305: small claims jurisdiction and procedure · North Carolina statutes / court rules (official), checked November 2026
  2. North Carolina small claims: official court self-help · North Carolina Judicial Branch, checked November 2026
  3. N.C. Gen. Stat. § 1-52(1): written contract limitation period · North Carolina General Statutes (official), checked November 2026
  4. N.C. Gen. Stat. § 1-52(1): oral contract limitation period · North Carolina General Statutes (official), checked November 2026
  5. N.C. Gen. Stat. § 1-52(4): property damage limitation period · North Carolina General Statutes (official), checked November 2026