Wake County Small Claims Court Locations

Wake County Clerk of Superior Court — Magistrates (Small Claims)

• 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

Filing locations

1

Hours

8:30 a.m. - 5:00 p.m., Monday-Friday

Filing fee

$96

File without going in

Yes, online

Is Wake County the right court for your case?

Which court may hear a small claims case turns on where the dispute belongs, not on where it is convenient for you to go. It is normally:

• Where the defendant lives — or, for a business, where it has its place of business.
• Where the events you are suing about actually happened.
• Where a contract was to be performed, where the claim is about an agreement.

If Wake County fits one of those, Wake County Clerk of Superior Court — Magistrates (Small Claims) can hear it. If none of them fits, the case belongs in another county's court and filing here costs you the fee and the time before it is transferred or dismissed.

We cannot advise you which venue to choose. Where two courts would both be proper, either is a valid filing.

Going to Wake County Clerk of Superior Court — Magistrates (Small Claims) in person

If you are filing at the counter rather than by mail or online, this is the shape of the visit.

1. Go during filing hours, not court hours. The counter is open 8:30 a.m. - 5:00 p.m., Monday-Friday. Clerks stop accepting new filings before closing, so arriving in the last half hour is how people end up coming back.
2. Bring the completed claim form and your copies. If your claim is based on a written agreement, a copy must be attached to the form. Bring a copy for the court, one for each defendant, and one for yourself.
3. Bring the fee, in a form this clerk takes. The filing fee is $96. Wake County Clerk of Superior Court — Magistrates (Small Claims) accepts 5 forms of payment — cash is not always one of them, and cards are not always one either. Service is a further $30 per defendant.
4. Know the defendant's exact legal name and address. The clerk will not look it up for you, and a judgment against a trade name that is not the legal entity is difficult to collect on afterwards.
5. Leave with your court date. Wake County sets the first court date at filing, so you leave the counter knowing when to come back.

Court staff can explain procedure and check a form is complete. They cannot tell you what to write in your claim, or whether to bring it at all.

Ways to file without standing in line

Wake County Clerk of Superior Court — Magistrates (Small Claims) accepts a filing:

• 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

Common questions

Where is small claims court in Wake County?

Wake County Clerk of Superior Court — Magistrates (Small Claims), 316 Fayetteville St. Mall, Raleigh, NC 27601.

What are the Wake County small claims court hours?

8:30 a.m. - 5:00 p.m., Monday-Friday. Confirm before travelling — court hours change around holidays.

Do I have to go to the courthouse to file in Wake County?

Not necessarily. Wake County accepts a filing 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.