How to File a Small Claims Case in Buncombe County

Claim limit

$10,000

Filing fee

$96

File online

Yes

First court date

Trial

Filing in Buncombe County, step by step

Every step below happens at Buncombe County Clerk of Superior Court — Magistrates (Small Claims) or through the system it uses.

1. 1. Check the amount is within the limit. Buncombe County small claims handles claims up to $10,000 (excluding interest and costs). Above that, the case belongs in a different division and the clerk will refuse it.
2. 2. Name the defendant exactly. A judgment against a misspelled name or a trade name that is not the legal entity is difficult to collect. For a business, use the registered legal name.
3. 3. Fill out the claim form. Buncombe County uses AOC-CVM-100 — Magistrate Summons, AOC-CVM-200 — Complaint For Money Owed, AOC-CVM-303 — Notice of Appeal To District Court. The blank forms are free. What you write in the statement of what happened is what gets the case accepted or sent back.
4. 4. File it and pay. Buncombe County accepts filings file & serve (ecourts e-filing) — mandatory for attorneys, optional for self-represented filers. The fee is $96.
5. 5. Serve the defendant. Filing does not notify the defendant — service does, and the case cannot proceed without it. Buncombe County charges $30 per defendant. The plaintiff. The clerk of superior court issues the Magistrate Summons after filing but does not perform service itself.

If your claim is based on a written agreement, a copy must be attached to the claim form when you file.

Where to file in Buncombe County

• File & Serve (eCourts e-filing) — mandatory for attorneys, optional for self-represented filers

What happens after you file

Buncombe County sets your court date when you file, so you leave the counter knowing it. The first appearance is trial. If the defendant loses, they have 10 days to move for a new trial and 10 days to appeal.

Why not just do it yourself?

The forms are free. Why pay anything?

The forms are free. Knowing what to write in them is not. Most rejected filings are rejected on the claim narrative, not the paperwork.

What happens if I get it wrong?

You refile and pay $96 again. That is the actual cost of guessing.

Do I need a lawyer?

No. Small claims is designed for people representing themselves, and most attorneys will not take a case this size.

Common questions

Where do I file a small claims case in Buncombe County?

Buncombe County Clerk of Superior Court — Magistrates (Small Claims), 60 Court Plaza, Asheville, NC 28801. Open 8:00 a.m. - 5:00 p.m., Monday-Friday.

Can I file small claims online in Buncombe County?

Yes. Buncombe County accepts filings through eCourts NC — File & Serve (Tyler Technologies), live in Wake County since February 13, 2023 (one of the four original pilot counties), and filers representing themselves may register.

How long does a small claims case take in Buncombe County?

It depends on the court's calendar and on how quickly the defendant is served. Your first date is set at filing.

How much can I sue for in Buncombe County?

Up to $10,000, excluding interest and costs.