Small Claims Court in Wake County

In Wake County, NC small claims cases are filed in the general district court. Wake County has one general district court that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Wake Court System.

Small Claims Court

Wake County Small claims court is a section within the district court system of North Carolina. In these courts, magistrates handle the cases. The maximum amount you can ask for in a small claims case depends on the county, ranging from $5,000 to $10,000.

In legal terms, the plaintiff is the person or entity who starts a court case by filing a complaint or bringing a legal action. The defendant is the individual or organization being sued, and they are required to respond to the claims made by the plaintiff.

Cases Handled

Small claims court handles a variety of cases, including:

• Eviction cases (summary ejectment): For issues related to landlord-tenant disputes.
• Recovery of personal property: If you’re seeking the return of items like a vehicle, with a fair market value not exceeding $10,000.
• Motor vehicle mechanic and storage liens: For enforcing liens related to vehicle repairs or storage.
• Monetary claims: Where the amount in dispute does not exceed $10,000. This limit can vary by county, so it's a good idea to check with your local clerk of court to confirm the exact limit. If your claim exceeds the small claims limit, you may need to file in district court for amounts up to $25,000 or in superior court for amounts over $25,000.

Filing a Claim

Here are the key points:

1. Choice of Court: You have the option to file your case in either small claims court or district court, depending on factors such as the amount of money involved, the complexity of the case, and personal preference.
2. Advantages of Small Claims Court: Small claims court is often preferred due to its faster and simpler process, which is beneficial for individuals representing themselves without an attorney. There are fewer procedural requirements, making the court proceedings more straightforward.
3. Jurisdiction: When filing in small claims court, you must do so in the county where at least one of the defendants resides. This ensures that the court has jurisdiction over the defendant(s) and is the appropriate venue for the case.

Start to File your Case

Here’s what you need to prepare and bring to the clerk of superior court’s office:

1. Complaint Forms: Provide three copies of the complaint form that outlines your claims and the relief you’re seeking. Depending on your case:
   • For monetary claims, use the money claim form.
   • For recovering personal property, use the property recovery form.
   • For eviction cases (summary ejectment), use the eviction form.
   • Specialized forms are available for expedited summary ejectment related to vacation rentals, enforcement of motor vehicle liens, and recovery of vehicles held for lien purposes.
2. Magistrate Summons: Bring three copies of the Magistrate Summons form. Fill out only the top portion of the first page, including the names and addresses of all parties involved.
3. Affidavit under the Servicemembers Civil Relief Act (SCRA): This affidavit confirms whether the defendant is a military member, ensuring compliance with the SCRA to protect the rights of active-duty service members.
4. Filing Fee: Pay a $96 filing fee for small claims cases. If you cannot afford the fee, you can request to file as an indigent by using the appropriate form.

Since local requirements can vary, it’s a good idea to check with your local clerk’s office to confirm the specific forms you need and the number of copies required to ensure your filing is complete and meets all local procedures.

Service the Defendant

After filing your small claims case in Wake County, NC you need to ensure that the defendant is properly served with a copy of the summons and complaint. Here’s how you can do it:

1. Sheriff’s Service: You can have the sheriff of the county where the defendant resides serve the defendant with the summons and complaint. There is typically a fee of $30 for this service. The sheriff will personally deliver the documents to the defendant.
2. Certified Mail: Alternatively, you can serve the defendant by mailing a copy of the summons and complaint via certified mail, return receipt requested. This method requires the defendant to sign for the receipt of the documents, providing proof that they received them.

Here are the steps for each method of serving the defendant:

• Sheriff’s Service:
  1. Contact the sheriff’s office in the county where the defendant lives.
  2. Provide the sheriff with the original summons and two copies of the complaint.
  3. Pay the required fee, which is usually around $30.
  4. The sheriff will try to deliver the documents to the defendant in person.
• Certified Mail:
  1. Get a certified mail form and a return receipt card from the post office.
  2. Mail the original summons and two copies of the complaint to the defendant’s last known address.
  3. Complete the certified mail form and attach the return receipt card.
  4. When the defendant signs for the certified mail, the return receipt card will be sent back to you as proof of service.

Properly serving the summons and complaint is essential for the court to have jurisdiction over the defendant and to move forward with your case. After service, you must file the return receipt (for certified mail) or the sheriff’s affidavit of service (for sheriff’s service) with the court to confirm that service was completed.

If you’re unsure about any part of the process, consult with the clerk of court to ensure you’re following all necessary rules and procedures.

Court Cost

In Wake County, North Carolina, here are some general guidelines for the fees associated with filing a small claims case:

• Filing Fee: As of the latest update, the fee to file a small claims case is $96. This fee covers the initial filing and includes the first attempt to serve the defendant.
• Service of Process Fee: If additional attempts are needed to serve the defendant, there may be extra fees for each additional attempt.
• Other Fees: There could be additional costs for specific motions or requests made during the case, such as filing a Notice of Appeal or obtaining copies of court documents.

If the plaintiff wins the case, the magistrate might order the defendant to cover the plaintiff's court costs, which generally include the filing fee, service of process fees, and other reasonable litigation expenses.

Conversely, if the plaintiff loses, they typically have to pay their own court costs.

While court costs in small claims cases are relatively modest compared to other types of court proceedings, they are still an important factor to consider when deciding to pursue or defend a claim.

Court Process

If you’ve been served with a complaint in small claims court, here’s what you need to do:

1. Appear in Court: Make sure to attend the court hearing on the scheduled date and time. Failing to show up could lead to a default judgment against you.
2. Consider Your Options:
   • File an Answer: Although not mandatory, you can submit a written answer to the plaintiff’s complaint. This is your chance to present your defenses or objections to the claims made.
   • File a Counterclaim: If you have a claim against the plaintiff related to the same issue, you can file a counterclaim. Unlike an answer, a counterclaim usually needs to be served to the plaintiff through the sheriff or certified mail.
3. Service of Documents:
   • Answer: If you file an answer, you can send it to the plaintiff by regular mail.
   • Counterclaim: For a counterclaim, you typically need to serve it on the plaintiff by sheriff or certified mail to ensure they are properly notified.
4. Prepare for Court: Collect all relevant documents, evidence, and witness information that supports your case. Be ready to present your side effectively.
5. Attend the Hearing: Arrive early on the day of the hearing with all necessary documents. Follow the magistrate’s instructions and present your case clearly and respectfully.
6. Understand the Outcome: After the hearing, the magistrate will issue a decision. If you disagree with the outcome, you may have options to appeal, depending on local rules and procedures.

Court Day

In Wake County, NC, here’s how court dates for small claims cases are typically scheduled:

• General Small Claims Cases: Your court date will generally be set within 30 days from when the plaintiff files the case with the clerk of superior court.
• Eviction Cases (Summary Ejectment): For eviction cases, the court date is usually scheduled more quickly, often within 10 to 15 days from the filing date.

The clerk of superior court will determine the court date when the plaintiff files the case and will include this information on the magistrate summons form. This form will be served to you, detailing the date, time, and location of the hearing.

It’s important to attend the court hearing at the scheduled time. Missing the court date without a valid reason could lead to a default judgment against you. If you have questions about your court date or need to reschedule, contact the clerk of the superior court’s office as soon as possible.

Doesn’t appear at the Court

In small claims court, the consequences of not appearing vary depending on whether you are the plaintiff (the person who filed the case) or the defendant (the person being sued):

• Plaintiff Does Not Appear: If the plaintiff misses the scheduled court date, the case will usually be dismissed. However, the court might allow the plaintiff to request a continuance (rescheduling) if they have a valid reason for their absence.
• Defendant Does Not Appear:
  • Not Properly Served: If the defendant was not properly served with the summons and complaint (for instance, if they didn’t receive the documents or service didn’t meet legal requirements), the court will typically postpone the case to allow for proper service.
  • Properly Served: If the defendant was properly served but still does not show up in court, the magistrate may proceed with the case and likely rule in favor of the plaintiff. This is known as a default judgment, where the plaintiff wins because the defendant didn’t respond or appear. If you can’t attend your court hearing due to a legitimate reason, like illness or an unavoidable conflict, contact the court as soon as possible to request a continuance and explain your situation.

Continuance

Timing of Service:

• Fewer than 5 Days Before the Court Date: If you are served with a small claims case less than 5 days before the scheduled court date (or less than 2 days for eviction cases), you are entitled to request a continuance. This means the court must grant you extra time to prepare and respond to the case. In these situations, the continuance is automatic once you make the request.
• More Than 5 Days' Notice: If you are served with more than 5 days' notice, the magistrate will decide whether to grant a continuance based on whether you can show "good cause." Good cause typically includes reasons beyond your control that make it difficult for you to attend or prepare for the hearing, such as illness or unavoidable scheduling conflicts.

Requesting a Continuance

To request a continuance, you should notify the court as soon as possible and provide valid reasons for needing more time. Make sure to communicate this request to all parties involved in the case to ensure fair handling.

Magistrate’s Decision

The magistrate will review your request and may ask for more details about your situation. If the other party objects to the continuance, you may need to provide compelling reasons to convince the magistrate to grant it.

Preparing for the New Court Date

Once a continuance is granted, use the extra time wisely to prepare your defense or gather necessary evidence. Be sure to adhere to any new deadlines or requirements set by the court to ensure your case is handled properly.

Dismiss a Case

If you’re the plaintiff in a small claims case in North Carolina and decide to dismiss your case—whether due to a settlement with the defendant or another reason—you’ll need to file a voluntary dismissal. Here’s what you need to know:

• Voluntary Dismissal Form: You’ll need to complete a specific form provided by the court to request the dismissal of your case formally.

Timing of Filing:

• You can file the voluntary dismissal form either before the scheduled court hearing or on the day of the hearing.
• If you file the form before the court date, neither you nor the defendant need to attend the hearing.

Compulsory Counterclaims:

• A voluntary dismissal can be filed as long as there are no pending compulsory counterclaims. These are claims that the defendant is required to raise against you in the same case, usually related to the same issue or incident.

Effect of Dismissal:

• Once the voluntary dismissal is filed and accepted by the court, your case will be officially dismissed. This means the court will stop any further proceedings, and the case will be closed.

Settlement and Agreements:

• If you and the defendant have reached a settlement, filing the voluntary dismissal can help finalize the resolution. Make sure any settlement terms are clearly agreed upon before submitting the dismissal form.

Legal Counsel:

• If you have any questions about the voluntary dismissal process or its implications, consulting with a lawyer can offer valuable advice tailored to your situation.

Trial

In small claims court, trials are straightforward and conducted by a magistrate rather than a judge or jury. Here’s an overview of how these trials generally proceed:

Format of the Trial:

• Quick and Informal: Small claims trials are designed to be brief and less formal.
• No Jury: The case is decided solely by the magistrate.

Location:

• Courtroom or Magistrate’s Office: Depending on the county, proceedings may be held in a courtroom or sometimes in the magistrate’s office.

Order of Proceedings:

1. Plaintiff’s Presentation: The plaintiff starts by presenting their case. This includes testifying, calling witnesses, and submitting evidence such as documents or recordings.
2. Witness Examination: After each plaintiff’s witness testifies, the defendant has the opportunity to cross-examine them.
3. Defendant’s Presentation: Once the plaintiff has finished, the defendant can present their case, including testifying, calling their own witnesses, and presenting evidence.
4. Cross-Examination: The plaintiff can cross-examine the witnesses called by the defendant.

Magistrate’s Role:

• The magistrate may ask questions throughout the trial to clarify issues or obtain additional information.

Decision:

• The magistrate may announce their decision right after both sides have presented their cases.

Judgment:

• The magistrate’s decision is usually final in small claims court. However, there may be options to appeal in certain cases, depending on local rules.

Informality and Efficiency:

The small claims process is intentionally less formal and more accessible than traditional court proceedings, allowing individuals to present their cases without extensive legal procedures.

Representation

In small claims court, hiring an attorney is not required. Many people represent themselves because the process is designed to be user-friendly and accessible without needing legal expertise. However, while court staff can help with procedural questions, they cannot offer legal advice specific to your case. If you choose to represent yourself, you’ll need to adhere to court rules and procedures just as an attorney would.

Judgments and Collections

A judgment is a court's formal decision that outlines the rights and obligations of the parties involved in a case. It may specify how much money one party must pay another or determine which party is entitled to certain property.

After obtaining a money judgment, parties often negotiate a payment plan. If no agreement is reached, the winning party can initiate the collections process. The judgment is recorded by the clerk of superior court, and interest accrues if it remains unpaid.

The prevailing party must wait for a 10-day period during which the other party can appeal the decision. If no appeal is filed, the judgment becomes final. The winning party can then request a writ of execution from the clerk of superior court. This writ allows the sheriff to seize and sell nonexempt property to satisfy the judgment.

Exempt Property: The debtor may claim certain property as exempt to prevent its seizure. To do this, they must:

• Receive a Notice of Right to Have Exemptions Designated from the clerk.
• File a Motion to Claim Exempt Property within 20 days or request a hearing.

An attorney can help with filing this motion. Free legal services are available for those who cannot afford an attorney. The eCourts Guide & File system can assist in preparing court documents online.

• If Exempt Property is Claimed: If the debtor claims property as exempt or the property exceeds exemption limits, the sheriff will collect and sell only nonexempt property. If there is an objection to the claimed exemptions, a district court judge will decide what property is exempt.
• If Property Can't be Found: Judgments are valid for 10 years and can be renewed once. If the sheriff cannot locate property initially, the winning party can send a new notice of rights and motion to claim exempt property in the future.
• How should judgments be paid? Payments can be made directly to the clerk of superior court or to the other party. If payments are made directly to the other party, they must notify the clerk and file a Certificate of Payment with the court to document the payment.
• Can I be arrested for not paying a judgment? No, you will not be arrested for failing to pay a judgment from a small claims court.
• Will my wages or public benefits be garnished? In North Carolina, wages or public benefits cannot be garnished to pay a judgment, except in cases related to child support.

Appeal

If you disagree with the outcome of your small claims case, you have the right to appeal the decision to district court. Here’s a step-by-step overview of the process:

1. Appeal to District Court
   • Process: You can appeal the magistrate's decision to district court, where your case will be retried before a judge or a jury. The district court will review the case anew.
2. Notice of Appeal
   • How to File: You can give oral notice of appeal immediately in court after the magistrate’s decision or file a written Notice of Appeal with the clerk of superior court within 10 days of the decision.
   • Form: The Notice of Appeal form is available at the clerk of the superior court’s office.
3. Service Requirement
   • Notification: You must serve a copy of the Notice of Appeal to the other party involved in the case. This informs them of your intention to appeal and provides them with a record of the appeal.
4. Court Costs
   • Payment: The appellant (the party filing the appeal) must pay the court costs associated with the appeal. If you do not pay these costs, your appeal may be dismissed.
   • Indigent Status: If you cannot afford the costs, you may file a petition to appeal as an indigent, using a specific form provided by the court. This may allow you to proceed without paying the usual fees.
5. Bond Requirement
   • Bond: In some situations, you may need to post a bond to stay the enforcement of the magistrate’s decision while the appeal is pending. This bond acts as a guarantee that you will pay any judgment if the appeal is unsuccessful.
6. Next Steps
   • Retrial: After processing the appeal, your case will be retried in district court. This gives you an opportunity for a new review of the case by a judge or jury.
7. Legal Considerations
   • Advice: It is advisable to seek legal counsel, especially if your case is complex. An attorney can provide guidance on the appeal process and help represent your interests effectively in district court.

Satisfied the Judgment

Here’s a summary of the key points for handling a situation where the sheriff is initially unable to find property to satisfy a judgment:

• Judgment Validity
  • Duration: In North Carolina, a judgment is valid for 10 years from its issue date. It can be renewed once, extending its enforceability to a total of 20 years.
• Renewal Process
  • Extension: If the initial collection efforts do not succeed, you can renew the judgment to keep it enforceable for the additional period. This provides more time to collect the debt.
• Sending New Notice
  • Re-notification: If initial attempts fail, you can issue a new Notice of Right to Have Exemptions Designated and Motion to Claim Exempt Property. This allows the debtor another opportunity to protect certain property from seizure.
• Legal Advice
  • Consultation: Seek legal advice for assistance with renewing the judgment and navigating additional enforcement measures. An attorney can help you understand the process and enhance your chances of successfully collecting the debt.

Courthouses Location:

Wake County Clerk of Superior Court

316 Fayetteville St Suite 2050
Raleigh, NC 27601
(919) 792-4000
https://www.nccourts.gov/locations/wake-county/contact-directory

BUILDING HOURS

• Monday - Friday 8:30 a.m. to 5:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Wake County

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