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Practice Areas > Small Claims & Arbitration

Small claims involves civil cases where a plaintiff‘s amount in controversy is $5,000 or less. The claims brought in small claims court are usually money owed/breach of contract cases, the recovery of specific personal property, conversion or summary ejectment (eviction). A magistrate presides over small claims court. There is no jury. In many cases, there are no lawyers.

Cost: $70 Filing fee plus a $15 sheriff service fee.

Limits: Claims up to $5,000.

Time: Hearing typically held between 45-60 days from filing.

Appeal: Either party may appeal a decision either in open court or within 10 days after the judgment is entered. Within 20 days after judgment is entered, a fee of $90 must be paid to the Clerk for appealing the case to District Court. Your appeal will be dismissed for failure to pay the fee within the time prescribed.

You are now in District Court

Arbitration: Upon a proper appeal, your case will automatically be assigned to arbitration pursuant to the North Carolina General Statutes and local Rules for Court-Ordered Arbitration. The time allotted for the entire hearing is one hour. You claim may exceed $5,000 at arbitration. Traditional rules of evidence do not apply. The award is not binding.

Request for Trail De Novo: If you are unhappy with the Award, you may request for a trial de novo (a new trial. Your request must be filed with the Clerk within thirty (30) days after service of the Award. A fee of $100 must be accompanied with your request for a trial de novo.

District Court: Claims up to $10,000. Our retainers are generally $3,000-$5,000 depending on the particular facts. Attorney fees may be recoverable in certain cases.