Small Claims Court handles civil disputes involving relatively small amounts of money or property. Common examples include:
A finance company claims you owe money on a loan or wants to repossess property you used as collateral.
The judge (called a magistrate) may or may not be a lawyer, and there is no jury. Hearings are short—often 15 to 30 minutes—and informal compared to other courts. You are not required to have an attorney, but you are allowed to be represented by one.
A repair shop damages your property and refuses to pay.
Someone dents your car and won’t reimburse you.
A landlord tries to evict you or collect back rent.
How to File a Claim as the Plaintiff
To start a case, you must file a complaint and a summons with the Clerk of Superior Court in the county where the defendant lives.
Key steps include:
Serve the defendant: The sheriff’s office is the simplest method, but certified mail is also allowed if you follow the specific steps.
Once the complaint and summons are properly served, the clerk will set a hearing date—typically within 30 days.henever they use a toll road. This is something most drivers use and are used to.
Choose the right form: The most common is the Complaint for Money Owed, but there are also forms for recovering property and for landlords seeking to evict tenants (Complaint in Summary Ejectment).
Complete the paperwork carefully: List full legal names, addresses, and the amount you’re seeking. If suing a business, identify whether it’s a corporation and serve the registered agent or an officer.
File and pay fees: Filing costs $96, plus a $30 service fee for each defendant if you use the sheriff to serve papers.
What to Expect as the Defendant
If you’re being sued, you’ll receive a summons and complaint explaining the claim and when to appear in court.
Here’s what to do:
If you believe the plaintiff actually owes you money, you can file a counterclaim (which has its own filing fee).
If you miss your hearing, the magistrate can enter a judgment against you by default, so it’s crucial to show up on ti
Read the documents carefully and note the hearing date.
Gather evidence and witnesses to support your side.
You may file a written answer with the court, but it’s not required—you can simply appear and present your case.
Preparing for Your Day in Court
Whether you are the plaintiff or defendant, preparation is key:
Observe court in action: If possible, watch other small claims hearings beforehand to see how they work.
You may also choose to settle out of court—just make sure any agreement is in writing and signed by both parties.
Collect evidence: Contracts, receipts, letters, photos, text messages, or any documents supporting your side.
Bring witnesses: Anyone with firsthand knowledge can testify. If they won’t come voluntarily, you can request a subpoena from the clerk (there is a sheriff’s service fee).
Practice your presentation: Be concise, focus on facts, and anticipate questions from the magistrate or opposing side.
What Happens at the Hearing
On your court date, arrive at least 10 minutes early. If the plaintiff does not show up, the case can be dismissed. If the defendant does not show, the magistrate may enter judgment for the plaintiff.
Typical order of events:
The magistrate decides the case (sometimes immediately, or within 10 days) and enters a written judgment.
The magistrate swears in all witnesses.
The plaintiff presents their case first, followed by the defendant.
Each side can question the other’s witnesses.
After the Judgment
If You Win
The defendant has 10 days to pay or appeal.
Payment can be made through the clerk or directly to you (if paid directly, notify the clerk so the judgment is marked “paid”).
If the defendant does not pay, you can request an execution—allowing the sheriff to collect property or funds to satisfy the judgment.
If You Lose
You can appeal to District Court within 10 days. The appeal fee is $150.
District Court is more formal, and cases may involve a jury. You’ll need to present your case again from scratch.
Protecting Property from Collection
If you lose and can’t pay, the law allows you to protect certain property—called exempt property—from being taken by the sheriff. Common exemptions include:
- Up to $35,000 in a residence or burial plot
- Up to $5,000 in personal property
- Up to $3,500 in one vehicle
- Up to $5,000 in household goods (plus $1,000 per dependent, up to 4 dependents)
- Up to $2,000 in tools of your trade
- Certain retirement accounts and insurance policies
To claim exemptions, you must promptly complete and file a Motion to Claim Exempt Property within 20 days of receiving notice. Failing to do so could allow the sheriff to seize your property.
Why Legal Representation Matters
While you are allowed to represent yourself in Small Claims Court, it is often far easier to navigate the process—and your chances of success are typically much higher—when you have legal counsel by your side. An experienced attorney can help you gather evidence, follow procedures correctly, and present your strongest possible case.
At The Metz Law Firm, PLLC, we help clients across North Carolina handle Small Claims matters efficiently, effectively, and with confidence.
📞 Call us today at (704) 312-2239 or visit www.keithmetzlaw.com