How do I file a small claim in North Carolina to recover money owed?
In North Carolina, people commonly start small claim actions in magistrate court to try to recover money owed. The complaint is the primary pleading used, and standard magistrate forms are generally sufficient for commencing the case. Proceedings are typically tried before a magistrate without a jury, and parties are not required to have a lawyer.
If a claim is not assigned to a magistrate, the case may be converted to a regular civil action and standard civil summons and pleadings will then apply. Trials in small claim actions are scheduled quickly, and magistrates follow the usual civil rules of evidence during hearings.
Current North Carolina law
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The deadline that matters
The magistrate sets trial not later than 30 days after the action is commenced.
What North Carolina law says
Forms promulgated for magistrate actions are generally sufficient and may be used substantially as written under N.C. Gen. Stat. § 7A-232. The time for trial in a small claim action is set not later than 30 days after the action is commenced under N.C. Gen. Stat. § 7A-214. Trials before a magistrate are without a jury and follow usual civil evidence rules; a magistrate may render or reserve judgment as provided in N.C. Gen. Stat. § 7A-222. There are no required pleadings in assigned small claim actions other than the complaint under N.C. Gen. Stat. § 7A-220. If the chief district judge fails to assign a claim within five days after filing a complaint requesting assignment, the clerk issues civil summons and the action proceeds under general civil procedures as described in N.C. Gen. Stat. § 7A-215.
What to do
A common first step is to complete the claim form (the in-app filled claim form can be used) and gather evidence using the provided evidence checklist.
A common next step is to file the complaint with the clerk or magistrate as required by local court procedures using the magistrate forms mentioned in N.C. Gen. Stat. § 7A-232.
A typical step is to serve the defendant with the magistrate summons and proof of the complaint according to the court’s service rules.
Many people prepare to present evidence at the magistrate hearing, since trial is without a jury and follows civil evidence rules.
If the claim is not assigned to a magistrate, a common option is to respond to the clerk’s notice and be prepared for the case to proceed as a regular civil action with summons and pleadings.
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Common questions
Do I need a lawyer for a small claim in North Carolina?
A party in a small claim action is not required to obtain legal representation under N.C. Gen. Stat. § 7A-222.
What papers start a small claim case?
The complaint is the required pleading to commence an assigned small claim action, and standard magistrate forms are generally sufficient under N.C. Gen. Stat. § 7A-232 and N.C. Gen. Stat. § 7A-220.
How soon will the case be set for trial?
The law generally provides that the time for trial is set not later than 30 days after the action is commenced under N.C. Gen. Stat. § 7A-214.
What happens if the case is not assigned to a magistrate?
If the chief district judge fails to assign a claim within five days after a request for assignment, the clerk issues civil summons and the action proceeds under general civil procedures per N.C. Gen. Stat. § 7A-215.
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This page provides general legal information about North Carolina small claims procedures. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
