Small claims: filing limits and the right to appeal

Authority

N.C.G.S. § 7A-210; N.C.G.S. § 7A-228

Last reviewed

2026-03-09

Editors

DOH / MW

Reading grade

7.5

In short

North Carolina's small claims court, held before a magistrate, hears civil disputes up to $10,000. Either side may appeal a magistrate's judgment to district court within ten calendar days, which starts the case over for a new hearing.

The filing limit

A magistrate in small claims court may hear civil disputes where the amount in controversy is $10,000 or less. This covers most disputes over unpaid debts, security deposits, property damage, and summary ejectment (eviction) cases, which are also heard in this court regardless of the rent amount at issue.

Filing

The person bringing the claim files with the clerk of court in the county where the dispute arose or where the defendant lives, pays a filing fee set by statute, and the magistrate's office schedules a hearing date. The other side is served with a summons and a copy of the complaint before that date.

The hearing itself

Small claims hearings are informal by design. There is no jury. Both sides explain their side of the dispute, and the magistrate may ask questions and review any documents brought. Most hearings are resolved within one session.

The ten-day appeal window

If either side disagrees with the magistrate's judgment, they have ten calendar days from the date of judgment to file a notice of appeal to district court. That window is strict — it is not extended for weekends except where the tenth day itself falls on one.

An appeal to district court is a trial de novo: the case is heard again from the beginning, in front of a district court judge, as though the magistrate's decision had not happened. Either side may be represented by a lawyer at this stage even if neither was at the magistrate hearing.

Posting a bond

In summary ejectment cases specifically, an appealing tenant is generally required to post a bond to stay in the property while the appeal is pending. The clerk of court can explain the amount and the deadline, which runs alongside the ten-day appeal window rather than after it.