Small Claims

Small Claims – Money Owed

A person seeking to recover no more than $5,000 may file an action in Small Claims Court for money owed.

To complete this action you will need the following documents:

  • General Civil Action Cover Sheet
  • Complaint for Money Owed
  • Magistrate Summons
  • Affidavit of Service of Process by Registered or Certified Mail

These forms are available on location at the SelfServe Center and on our website and provide further instruction.

The filing fee for this action is $96.00, payable by cash or money order only. If you wish to have the Sheriff serve the documents to the defendant there is an additional $30.00 fee, per defendant. Upon the completion of your forms, you will take your documents and your payment to the Civil Clerk’s Office to file.

 

Small Claims – Recovery of Personal Property

A person seeking to recover personal property that is worth no more than $5,000 may file an action in Small Claims Court for recovery of personal property.

To complete this action you will need the following documents:

  • General Civil Action Cover Sheet
  • Complaint to Recover Possession of Personal Property
  • Magistrate Summons
  • Affidavit of Service of Process by Registered or Certified Mail

These forms are available on location at the SelfServe Center and on our website and provide further instruction.

The filing fee for this action is $96.00, payable by cash or money order only. If you wish to have the Sheriff serve the documents to the defendant there is an additional $30.00 fee, per defendant. Upon the completion of your forms, you will take your documents and your payment to the Civil Clerk’s Office to file.

Small Claims – Summary Ejectment

A person, usually a landlord, seeking to collect back rent or to evict a tenant may file an action in Small Claims Court for ejectment.

To complete this action you will need the following documents:

  • Complaint in Summary Ejectment
  • Magistrate Summons
  • Affidavit of Service of Process by Registered or Certified Mail

These forms are available on location at the SelfServe Center and provide further instruction.

The filing fee for this action is $96.00, payable by cash or money order only. If you wish to have the Sheriff serve the documents to the defendant there is an additional $30.00 fee, per defendant. Upon the completion of your forms, you will take your documents and your payment to the Civil Clerk’s Office to file.

Filing Process
For step-by-step instructions, go to Summary Ejectment – Filing Process

Small Claims – Writ of Possession

What is a Writ?

A court’s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act.

What is a Writ of Possession?

A writ issued to recover the possession of land.

What is Real Property?

Land and anything growing on, attached to, or erected on it excluding anything that may be severed without injury to the land. Real property can be either corporeal (soil and buildings) or incorporeal (easements).

Small Claims – Writ of Execution

What is a Writ?
A court’s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act.

What is a Writ of Execution?
A writ of execution is when a court grants a plaintiff/creditor legal permission to collect a monetary judgment against a defendant/debtor. A writ of execution is usually preceded by a court judgment. The court must rule in favor of the plaintiff/creditor for the judgment to be collected. Once a writ of execution is issued, it initiates the process of collecting the amount of the judgment from the defendant/debtor. These collection methods are sanctioned by the court and can include seizing real property, personal property, bank accounts, and wage garnishment.

What is a Judgment?
A judgment is a court’s official decision on the matters before it. It is the court’s declaration of the rights and duties of the parties to a lawsuit. A judgment rendered by a North Carolina court is enforceable for a period of ten (10) years.

What is Real Property?
Land and anything growing on, attached to, or erected on it excluding anything that may be severed without injury to the land. Real property can be either corporeal (soil and buildings) or incorporeal (easements).

What is Personal Property?
Personal property is any property not affixed to or associated with land. Basically, personal property is everything that is not real property.

What is Exempt Property?
Each individual, resident of North Carolina who is a debtor is entitled to retain certain property free from the enforcement of the claims of creditors. A writ of execution may not be issued unless the judgment debtor’s exemption has been designated, or the judgment debtor has waived their exemption as designated in North Carolina General Statute 1C-1601(c)