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North Carolina eviction process and court fees

North Carolina evictions are 'summary ejectment' cases, usually heard by a magistrate in small claims court. Court costs and sheriff service fees are set by statute, so they are the same in every county.

Not legal advice. This page summarizes public statutes and court fee schedules as of the date shown. Rules and fees change; confirm with the court before you file, and talk to a local attorney about your situation.

North Carolina eviction at a glance

CourtSmall claims court (magistrate) in the county where the property is located (summary ejectment)

North Carolina evictions are 'summary ejectment' cases, usually heard by a magistrate in small claims court. Court costs and sheriff service fees are set by statute, so they are the same in every county.

Step by step

  1. Demand for rent. For nonpayment, the lease is forfeited if the tenant fails to pay within 10 days after the landlord demands all past-due rent. (N.C. Gen. Stat. §42-3)
  2. File summary ejectment. File the complaint with the clerk of superior court in the county; serve by sheriff or certified mail. (NC Judicial Branch: Small Claims)
  3. Magistrate hearing and appeal. A magistrate hears the case. A party may appeal to district court within 10 days of judgment. (N.C. Gen. Stat. §7A-228)
  4. Writ of possession. If there is no appeal, the landlord may request a writ of possession from the clerk after the appeal period; the sheriff executes it. (UNC School of Government)

Statewide fees

Small claims (magistrate) court costs$96
Source: NC Judicial Branch: Small Claims
Sheriff service, per item served$30
One fee when items are served together on one party
Source: N.C. Gen. Stat. §7A-311
Writ of possession execution fee (clerk)$25
Plus $30 sheriff service
Source: UNC School of Government (G.S. 7A-308(a)(5))

These fees apply in every North Carolina county.

About the missing details

Why it's missing: We only list eviction court fees published by an official source. North Carolina hasn't published its local filing, service and writ fees online in a form we could verify, so call the clerk of the small claims court to confirm before you file.

General information
Not specific to North Carolina

Across the 21 counties where we've read the official fee schedule, the eviction filing fee runs from $41 to $322. Sheriff or constable service usually adds a per-tenant charge, and a writ of possession adds another. Statewide fixed filing fees we've verified: California $240 (claims up to $10,000), Connecticut $175, Delaware $45, Florida $185, Texas $54.

Closest place with verified data

Gwinnett County, GA (about 281 miles away): dispossessory filing cost $60

Call or visit the official office

Legal Aid of North Carolina · Official website

Ask for the clerk's office for the court that handles evictions in your county.

Know the current fee? Tell us. We check every tip against an official source before publishing it.

Counties with verified local fees

Official resources

All North Carolina counties

Counties without verified local fees show the statewide rules above.

Frequently asked

Which court handles evictions in North Carolina?

Small claims court (magistrate) in the county where the property is located (summary ejectment).

How much notice does a North Carolina landlord have to give?

For nonpayment, the lease is forfeited if the tenant fails to pay within 10 days after the landlord demands all past-due rent.

How much does it cost to file an eviction in North Carolina?

Small claims (magistrate) court costs: $96. These fees apply in every North Carolina county.