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]
| Rule | North 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). |
| Court | District Court, small claims (magistrate) |
| Filing fee | Set by the court |
| Lawyers | AllowedParties may represent themselves or use a lawyer; a business may appear through an officer or employee in small claims (G.S. 84-5(b)). |
| Appeal | Either 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]
| Claim | Deadline | Statute |
|---|---|---|
| Unpaid loan or written contract | 3 years | N.C. Gen. Stat. § 1-52(1) |
| Oral agreement | 3 years | N.C. Gen. Stat. § 1-52(1) |
| Credit card or open account | 3 years | N.C. Gen. Stat. § 1-52(1) |
| Property damage (e.g. fender bender) | 3 years | N.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?
How long do you have to appeal a small claims judgment in North Carolina?
Do you need a lawyer for small claims court in NC?
Sources
- N.C. Gen. Stat. §§ 7A-210, 7A-228, 7A-305: small claims jurisdiction and procedure
- North Carolina small claims: official court self-help
- N.C. Gen. Stat. § 1-52(1): written contract limitation period
- N.C. Gen. Stat. § 1-52(1): oral contract limitation period
- N.C. Gen. Stat. § 1-52(4): property damage limitation period