Question 1 of 8. Carries forward to the intake.
- Claim limit
- $10,000
- Filing fee
- $96
- Court
- Small Claims Court
- File online
- Yes
Durham County filing fees
Source: nccourts.gov (Durham County courthouse location page and county contact directory), NC General Statutes Chapter 7A (ncleg.gov), and the statewide Civil Court Costs and Fees Chart (fetched and read directly)
| Your claim | You pay |
|---|---|
| Under $10,000 | $96 |
Fees change — confirm the current amount with the clerk at 919-808-3000 before you file.
Where to file
Durham County Clerk of Superior Court — Magistrates (Small Claims)
510 South Dillard St., Durham, NC 27701
919-808-3000
8:30 a.m. - 5:00 p.m., Monday-Friday
- In person at the Clerk of Superior Court's Civil Division, Wake County Courthouse
- File & Serve (eCourts e-filing) — mandatory for attorneys, optional for self-represented filers
The forms you need
Durham County requires 3 forms to open a small claims case:
- AOC-CVM-100 — Magistrate Summons
- AOC-CVM-200 — Complaint For Money Owed
- AOC-CVM-303 — Notice of Appeal To District Court
We keep the current Durham County versions of both. The forms are not the hard part — filling them out is. The Statement of Claim has to describe what happened in the language the court expects, and that is where most first-time filers get sent home to try again.
If your claim is based on a written agreement, a copy must be attached to the Statement of Claim.
Serving the defendant
The plaintiff. The clerk of superior court issues the Magistrate Summons after filing but does not perform service itself.
- Sheriff delivers a copy of the summons and complaint to the defendant, or leaves it at the defendant's dwelling with a person of suitable age and discretion residing there, for the statutory service fee
- Certified or registered mail, return receipt requested
- Mail with USPS signature confirmation
- A designated delivery service authorized under 26 U.S.C. §7502(f)(2), with a delivery receipt
Mail service is not complete unless the return receipt or delivery confirmation is obtained; an unreturned or unsigned receipt can stall the case.
Why not just download the free form?
The forms are free. Why pay?
The forms are free. Knowing what to write in them is not. Most rejected filings are rejected on the claim narrative, not the paperwork.
Can't I just hire a lawyer?
Most attorneys will not take a $10,000 case, and the ones who will cost more than the claim.
What if I get it wrong?
You refile and pay the fee again. That is the actual cost of guessing.
What happens next
Your trial date is set when you file, so you leave the counter knowing when to come back. If the defendant loses, they have 10 days to move for a new trial and 10 days to appeal.
The Durham County filing packet — $49
Everything above, assembled and filled in with your facts:
- Your Durham County filing forms, with your claim written in the language the court expects
- A demand letter built from the same facts
- Filing checklist with this court's address, hours, and fee
- What to bring to your trial
Answer a few questions first. See your claim written out before you pay anything.
Common questions
How much does it cost to file a small claims case in Durham County?
A flat $96 to file, regardless of the amount you are claiming, plus $30 per defendant for service.
What is the small claims limit in Durham County?
$10,000, excluding interest and costs.
Where do I file a small claims case in Durham County?
Durham County Clerk of Superior Court — Magistrates (Small Claims), 510 South Dillard St., Durham. You can also file online.
Do I need a lawyer for small claims in Durham County?
No. Small claims is designed for people to represent themselves.
Who serves the defendant?
The plaintiff. The clerk of superior court issues the Magistrate Summons after filing but does not perform service itself.
Reviewed by Small Claims Desk · Last reviewed 2026-08-31 · Sourced from nccourts.gov (Durham County courthouse location page and county contact directory), NC General Statutes Chapter 7A (ncleg.gov), and the statewide Civil Court Costs and Fees Chart (fetched and read directly) and N.C.G.S. §7A-210 (small claim action defined; $10,000 amount-in-controversy ceiling). See how we verify.