What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in North Carolina. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $5,000.
Where Suit May Be Brought: Case may be brought where the defendant resides. A corporation is deemed to reside where it has place of business.
Proper Manner of Service of Process upon Defendant: Service may be made by certified or registered mail, sheriff or court- approved adult. For evictions, sheriff may use ordinary first-class mail and then telephone or visit to arrange time to personally serve.
How the Hearing Date Is Selected: Within 30 days of filing claim.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: No provision unless question of land title.
Availability of Appeals: Either litigant may appeal for new trial to District Court within 10 days. A jury trial is available if requested within 10 days of appeal’s notice.
Special Rules and Notes: No Injunctive relief is available except enforcement of liens. No counterclaims allowed in Small Claims unless within the dollar limit.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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