North Carolina Small Claims Court: An Overview
From maximum dollar limits to statutes of limitations, learn the basics about small claims court in North Carolina.
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What's the dollar limit for small claims court cases in North Carolina?
The most you can ask for in a small claims case is $10,000.
Which court hears small claims cases in North Carolina?
Small claims cases in North Carolina are heard in the Small Claims Court (District Court).
What is the statute of limitations period for filing a claim in small claims court in North Carolina?
For information on North Carolina's statute of limitaiton periods for claims related to written contracts, oral contracts, injuries, and property damage, see Nolo's 50-state Statutes of Limitations chart.
How long does the defendant have to answer the small claims court complaint?
In North Carolina, the defendant has the option to file a written answer any time before trial. If an answer is not filed, a general denial of all claims is assumed. Counterclaims over $10,000 are not allowed.
Are attorneys allowed in small claims court in North Carolina?
You are allowed to have an attorney represent you in small claims court in North Carolina.
Can a landlord bring an eviction lawsuit in small claims court in North Carolina?
Eviction cases are allowed in small claims court in North Carolina.
Do I have a right to a jury trial in small claims court in North Carolina?
In North Carolina, jury trials are not allowed before the magistrate. If not assigned to a magistrate, then the case will be treated as a regular civil case. The plaintiff may request a jury trial within five days of receiving the notice of nonassignment; the defendant may request a jury trial either before or at the same time the answer is filed.
Where can I get more information about small claims court in North Carolina?
For more information about North Carolina small claims court, see www.nccourts.org/Courts/Trial/SClaims/ or http://nc.legal-aid.com/can-i-represent-myself/small-claims/.
Nolo's Small Claims Court area has many helpful related articles. For more detailed help with filing a case, using the best strategy in court, and collecting your money if you win, see Everybody's Guide to Small Claims Court, by Attorney Ralph Warner (Nolo).
Updated: October 1, 2015