Wake County Small Claims Court (Raleigh, NC): How to File

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This independent guide covers small claims cases in Wake County, North Carolina, including Raleigh, Cary, Apex, Wake Forest, Holly Springs, Fuquay-Varina, Garner, Morrisville, Knightdale, Wendell, Zebulon and Rolesville. Small Claims Coach is not the court; we link to the court's official pages throughout.

Checked on 2026-10-27 against the North Carolina Judicial Branch website and the North Carolina General Statutes. Sources are listed below. Jump to court addresses and phones ↓ For the statewide rules, see our North Carolina small claims guide.

Wake County small claims court: District Court

• Court: District Court, with small claims heard by a magistrate. The relief must be "monetary, or the recovery of specific personal property, or summary ejectment", and the plaintiff asks for "assignment to a magistrate".
• Limit: the amount in controversy "does not exceed ten thousand dollars ($10,000)" (G.S. 7A-210).
• Who hears it: a magistrate in District Court. There are no jury trials in small claims court.
• Businesses: a business can be represented by a non-attorney authorized agent, such as an owner or employee.
• Appeal: to district court for a new trial. "Written notice of appeal must be filed in the office of the clerk of superior court within 10 days after a judgment is rendered" (G.S. 7A-228(a)). Under G.S. 7A-305, the district court's General Court of Justice fee and facilities fee are added on appeal; the exact amount wasn't confirmed, so ask the clerk.

Which courthouse do I file in?

• One courthouse for the county. "All Civil matters, except marriages, are conducted in the Wake County Courthouse." That's true wherever you are in Wake County. You don't need to look up a precinct.
• Criminal matters are at the Justice Center, 300 S. Salisbury St. Don't go there for small claims.
• Which county: G.S. 1-82 says the action is tried "in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement". For a magistrate to hear it, G.S. 7A-211 lets the chief district judge assign a small claim "if the defendant is a resident of the county" (other conditions apply). Confirm with the clerk.

Addresses, phone numbers and hours

From the Wake County Courthouse page and its Contact Directory. Hours weren't on the pages we checked; call before you go.

How much does small claims cost in Wake County?

From the NCcourts Small Claims page:

• Filing fee: $96
• Sheriff service: $30 per defendant (or certified mail, return receipt requested)

• Confirm the total with the clerk before you file.
• If you can't afford the fee, an indigent form is available.
• Fees can change; confirm with the Wake Clerk's Small Claims line at (919) 792-4175.

Can I e-file in Wake County?

We didn't confirm e-filing for small claims in Wake County. "A small claims case is filed in the clerk of superior court's office in the appropriate county." Call Small Claims at (919) 792-4175 to ask about other options.

Wake County small claims forms: complaint and Magistrate Summons

Bring "Three copies of the complaint", "Three copies of the Magistrate Summons" and an SCRA (military status) affidavit. "Local requirements may vary. Please check with your local clerk's office." See the NCcourts Small Claims page.

How to file in Wake County, step by step

1. Make sure your claim doesn't exceed $10,000.
2. Confirm the case belongs in Wake County (see the venue rule above).
3. Prepare three copies of the complaint and the magistrate summons, plus the SCRA affidavit.
4. File with the clerk of superior court at the Wake County Courthouse and pay $96.
5. Have the defendant served by the sheriff ($30) or by certified mail, return receipt requested.
6. Go to court with your evidence; dates are set within 30 days of filing. If the defendant was served fewer than 5 days before, the case must be continued.
7. If you lose, appeal within 10 days in writing, or announce it in court. Statewide rules are in our North Carolina guide.

How to look up a Wake County small claims case

• The courthouse page links the NC eCourts "Portal (Search/Pay)". We couldn't confirm its address or search steps.
• Civil court calendars are at calendars.nccourts.org.
• To check on your case, call Small Claims at (919) 792-4175.

What does it cost to collect a judgment?

Winning doesn't mean you get paid automatically. Wake County's collection fees weren't on the pages we checked. Call Judgments/Executions/Liens at (919) 792-4200, and see our North Carolina guide for the statewide steps.

Fee waivers and venue changes

• Can't afford the fee? An indigent form is available; ask the clerk.
• Continuance: required if the defendant is served fewer than 5 days before the court date. Otherwise the magistrate decides, and good cause is needed if the other side doesn't agree.
• Appeal: within 10 days after the judgment, in writing, or announce it in open court.

Coach's Tips for Wake County

• Three copies, and a fast appeal. Bring three copies of everything to the clerk. If you lose, you can announce your appeal right in the courtroom; otherwise you have only 10 days to do it in writing.
• Go to the right building. Small claims are at the Wake County Courthouse on Fayetteville St. Mall, not the Justice Center on S. Salisbury St.
• Expect a quick decision. "The magistrate may announce his or her decision immediately."

Wake County small claims checklist

• My claim doesn't exceed $10,000.
• The case belongs in Wake County.
• I have three copies of the complaint and the magistrate summons.
• I have the SCRA (military status) affidavit.
• I budgeted $96 to file and $30 for sheriff service.
• I know about the 10-day appeal deadline.
• My evidence is organized and copied for court.

Wake County small claims FAQ

Who hears small claims in Wake County?

Small claims in Wake County are heard by a magistrate of the district court.

How do I file a small claims complaint in Raleigh?

You file a complaint and a Magistrate Summons with the clerk of superior court at the Wake County Courthouse. The fee and limit are in the sections above; confirm them with the clerk before you file.

What is a Magistrate Summons and how many copies do I need?

A Magistrate Summons tells the defendant about the case and the hearing. Bring three copies of the Magistrate Summons and three of the complaint, as the forms section above explains.

Where is Wake County small claims court?

Wake County small claims are filed at the Wake County Courthouse, 316 Fayetteville St. Mall, Raleigh.

How do I find the Wake County small claims calendar?

Call the Wake County small claims office at (919) 792-4175 to check your hearing date.

What is the small claims limit in Wake County?

Claims that don't exceed $10,000, under G.S. 7A-210.

How much does it cost to file small claims in Wake County?

$96 to file, under the statewide NCcourts page. Sheriff service is $30, or you can use certified mail, return receipt requested.

How long do I have to appeal?

Written notice within 10 days after the judgment, or announce the appeal in open court.

Sources

• Wake County Courthouse
• Wake County: Contact Directory
• Wake County civil calendars
• NCcourts: Small Claims
• G.S. 7A-210
• G.S. 7A-228
• G.S. 7A-305
• G.S. 7A-311
• G.S. 1-82

Checked 2026-10-27.

More for North Carolina: North Carolina small claims guide · Ready to sue · Just got sued · How to serve small claims papers · What to say on hearing day

Free: the Small Claims Starter Kit (basic timeline and checklists).

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This information is for educational purposes only. It is not legal advice.