Introduction
Small claims court in Raleigh, NC, is a division of the Wake County District Court that resolves disputes involving monetary claims of up to $10,000. It’s a simple and cost-effective way to handle issues like unpaid debts, property damage, or contract disputes.
This guide explains the steps to file a claim in Raleigh’s small claims court, eligibility requirements, and how to prepare for your hearing.
1. What Is Small Claims Court in Raleigh, NC?
Small claims court in Raleigh handles minor civil disputes without requiring lawyers.
- Monetary Limit: Claims must not exceed $10,000.
- Jurisdiction: The defendant must live, work, or do business in Raleigh or Wake County.
2. Types of Cases Handled
Common cases include:
- Unpaid debts or loans.
- Property damage claims.
- Breach of contract disputes.
- Landlord-tenant issues, such as eviction or unreturned security deposits.
3. Eligibility to File a Claim
To file a claim, you must:
- Be at least 18 years old or have a legal guardian file on your behalf.
- Confirm that the claim amount is within the $10,000 limit.
4. How to File a Case in Raleigh’s Small Claims Court
Step 1: Gather Information
- Identify the Defendant: Obtain the legal name and address of the individual or business.
- Compile Evidence: Gather receipts, contracts, photos, and any other supporting documents.
Step 2: Obtain and Complete the Forms
- Visit the Wake County Clerk of Court or their website to access the required forms.
- The primary form is the Complaint for Money Owed, Recovery of Personal Property, or Summary Ejectment (AOC-CVM-200).
Step 3: File the Claim
- Submit the completed form to the Wake County Courthouse:
Wake County Courthouse
316 Fayetteville Street, Raleigh, NC 27601 - Pay the filing fee:
- $96 for most claims.
Step 4: Serve the Defendant
- Notify the defendant by serving them a copy of the claim. Accepted methods include:
- Certified Mail: Sent by the court for a fee.
- Sheriff’s Service: Delivered by the Wake County Sheriff’s Office (fee applies).
5. Preparing for Your Hearing
Organize Your Case
- Arrange evidence in chronological order and prepare a summary of your claim.
Practice Your Presentation
- Focus on facts and avoid emotional arguments. Rehearse your explanation of the case.
Identify Witnesses
- If applicable, bring witnesses who can support your claim.
6. What to Expect During the Hearing
- Check In: Arrive early and check in with the court clerk.
- Present Your Case: Provide evidence, call witnesses, and explain your claim to the magistrate.
- Defendant’s Response: The defendant will have an opportunity to present their side.
- Judge’s Decision: The magistrate may issue a ruling immediately or notify both parties later.
7. Collecting a Judgment
If you win your case but the defendant doesn’t pay, you can take enforcement actions, such as:
- Wage Garnishment: Request a portion of the defendant’s paycheck.
- Bank Levy: Seize funds directly from the defendant’s bank account.
- Property Lien: Place a lien on the defendant’s property.
8. Frequently Asked Questions
1. How much does it cost to file a claim in Raleigh’s small claims court?
The filing fee is $96.
2. Can I file my claim online in Raleigh, NC?
No, claims must be filed in person at the Wake County Courthouse.
3. Do I need a lawyer for small claims court?
No, small claims court is designed for self-representation.
4. What happens if the defendant doesn’t show up?
The court may issue a default judgment in your favor.
5. How long does it take to resolve a small claim in Raleigh?
Most cases are resolved within 30–90 days, depending on court schedules.
9. Conclusion
Filing a case in Raleigh’s small claims court is a straightforward process for resolving minor disputes. By understanding the requirements, preparing thoroughly, and following court procedures, you can effectively present your case and seek a fair resolution.