North Carolina Small Claims Court for a Security Deposit
Limits: $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)). Court: Small Claims Court (District Court, heard by Magistrate). Limitation period listed in our state data: 3 years. Filing fees vary by county; service costs may be extra. See the table. E-filing verified in 5/100 counties. Typical demand-letter response window: 30 days.
County court coverage and fees
100 listed counties · E-filing: Yes 5, No 0, Not verified 95
Deposit return deadlines
- 30 calendar days after termination of the tenancy and delivery of possession of the premises to the landlord.
- 30 calendar days after termination of the tenancy and delivery of possession. landlord cannot determine the full claim within 30 days; interim accounting required by day 30.
- 60 calendar days after termination of the tenancy and delivery of possession. final accounting when full claim could not be determined within 30 days.
- 30 calendar days after termination when tenant address is unknown; landlord may apply deposit as permitted, then hold balance. tenant address is unknown; balance must be held for collection by the tenant for at least six months.
From a letter to court
- Send a North Carolina security deposit demand letter stating the deposit amount supported by your records.
- Before you file: review the deposit return deadlines above and allow the typical response window of 30 days after your letter.
- Time limit to sue in North Carolina: 3 years.
- Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.
How to file
Forms: Court forms and filing information
File online: Varies by county
How papers are served:
- constable or sheriff
- certified mail by clerk
Attorneys allowed: Yes
Free North Carolina template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under North Carolina law (N.C. Gen. Stat. §§ 42-50 to 42-56), a landlord must return the deposit or send a written, itemized list of deductions within 30 calendar days after termination of the tenancy and delivery of possession of the premises to the landlord.
Key facts
| Small claims limit | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)) |
|---|---|
| Small claims limit | $5,000 (some counties (local rules; confirm with clerk)) |
| Court | Small Claims Court (District Court, heard by Magistrate) |
| Limitation period listed in our state data | 3 years |
| Bad faith required | Yes |
| Itemization required | Yes |
What you can recover
willful noncompliance voids landlord's right to retain any portion of the deposit; tenant may recover damages and, on finding of willful noncompliance, attorney's fees. Bad faith required: Yes.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Wake County | North Carolina District Court, Wake County Small Claims, Raleigh (Wake County Justice Center) | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: $96 filing fee, plus $30 sheriff service for each defendant. Official fee source: https://www.nccourts.gov/assets/documents/forms/cv382-en.pdf | Yes | Official court website Court page check not recorded |
| Mecklenburg County | North Carolina District Court, Mecklenburg County Small Claims, Charlotte (Mecklenburg County Courthouse) | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: $96 filing fee, plus $30 sheriff service for each defendant. Official fee source: https://www.nccourts.gov/assets/documents/forms/cv382-en.pdf | Yes | Official court website Court page check not recorded |
| Guilford County | North Carolina District Court, Guilford County Small Claims, Greensboro (Guilford County Courthouse) | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: $96 filing fee, plus $30 sheriff service for each defendant. Official fee source: https://www.nccourts.gov/assets/documents/forms/cv382-en.pdf | Yes | Official court website Court page check not recorded |
| Forsyth County | North Carolina District Court, Forsyth County Small Claims, Winston-Salem (Forsyth County Courthouse) | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: $96 filing fee, plus $30 sheriff service for each defendant. Official fee source: https://www.nccourts.gov/assets/documents/forms/cv382-en.pdf | Yes | Official court website Court page check not recorded |
| Cumberland County | North Carolina District Court, Cumberland County Small Claims, Fayetteville (Cumberland County Courthouse) | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: $96 filing fee, plus $30 sheriff service for each defendant. Official fee source: https://www.nccourts.gov/assets/documents/forms/cv382-en.pdf | Yes | Official court website Court page check not recorded |
| Durham County | Durham County Small Claims Court (Magistrate), Durham | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Buncombe County | Buncombe County Small Claims Court (Magistrate), Asheville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Union County | Union County Small Claims Court (Magistrate), Monroe | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Johnston County | Johnston County Small Claims Court (Magistrate), Smithfield | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Cabarrus County | Cabarrus County Small Claims Court (Magistrate), Concord | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| New Hanover County | New Hanover County Small Claims Court (Magistrate), Wilmington | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Gaston County | Gaston County Small Claims Court (Magistrate), Gastonia | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Onslow County | Onslow County Small Claims Court (Magistrate), Jacksonville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Iredell County | Iredell County Small Claims Court (Magistrate), Statesville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Alamance County | Alamance County Small Claims Court (Magistrate), Graham | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Pitt County | Pitt County Small Claims Court (Magistrate), Greenville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Davidson County | Davidson County Small Claims Court (Magistrate), Lexington | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Brunswick County | Brunswick County Small Claims Court (Magistrate), Bolivia | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Catawba County | Catawba County Small Claims Court (Magistrate), Newton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Rowan County | Rowan County Small Claims Court (Magistrate), Salisbury | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Orange County | Orange County Small Claims Court (Magistrate), Hillsborough | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Randolph County | Randolph County Small Claims Court (Magistrate), Asheboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Harnett County | Harnett County Small Claims Court (Magistrate), Lillington | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Henderson County | Henderson County Small Claims Court (Magistrate), Hendersonville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Wayne County | Wayne County Small Claims Court (Magistrate), Goldsboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Robeson County | Robeson County Small Claims Court (Magistrate), Lumberton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Moore County | Moore County Small Claims Court (Magistrate), Carthage | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Craven County | Craven County Small Claims Court (Magistrate), New Bern | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Cleveland County | Cleveland County Small Claims Court (Magistrate), Shelby | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Nash County | Nash County Small Claims Court (Magistrate), Nashville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Lincoln County | Lincoln County Small Claims Court (Magistrate), Lincolnton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Rockingham County | Rockingham County Small Claims Court (Magistrate), Wentworth | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Burke County | Burke County Small Claims Court (Magistrate), Morganton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Chatham County | Chatham County Small Claims Court (Magistrate), Pittsboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Caldwell County | Caldwell County Small Claims Court (Magistrate), Lenoir | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Wilson County | Wilson County Small Claims Court (Magistrate), Wilson | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Franklin County | Franklin County Small Claims Court (Magistrate), Louisburg | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Surry County | Surry County Small Claims Court (Magistrate), Dobson | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Carteret County | Carteret County Small Claims Court (Magistrate), Beaufort | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Pender County | Pender County Small Claims Court (Magistrate), Burgaw | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Lee County | Lee County Small Claims Court (Magistrate), Sanford | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Stanly County | Stanly County Small Claims Court (Magistrate), Albemarle | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Wilkes County | Wilkes County Small Claims Court (Magistrate), Wilkesboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Rutherford County | Rutherford County Small Claims Court (Magistrate), Rutherfordton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Haywood County | Haywood County Small Claims Court (Magistrate), Waynesville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Granville County | Granville County Small Claims Court (Magistrate), Oxford | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Sampson County | Sampson County Small Claims Court (Magistrate), Clinton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Hoke County | Hoke County Small Claims Court (Magistrate), Raeford | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Lenoir County | Lenoir County Small Claims Court (Magistrate), Kinston | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Watauga County | Watauga County Small Claims Court (Magistrate), Boone | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Duplin County | Duplin County Small Claims Court (Magistrate), Kenansville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Columbus County | Columbus County Small Claims Court (Magistrate), Whiteville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Edgecombe County | Edgecombe County Small Claims Court (Magistrate), Tarboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Halifax County | Halifax County Small Claims Court (Magistrate), Halifax | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Stokes County | Stokes County Small Claims Court (Magistrate), Danbury | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Davie County | Davie County Small Claims Court (Magistrate), Mocksville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Jackson County | Jackson County Small Claims Court (Magistrate), Sylva | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| McDowell County | McDowell County Small Claims Court (Magistrate), Marion | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Beaufort County | Beaufort County Small Claims Court (Magistrate), Washington | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Vance County | Vance County Small Claims Court (Magistrate), Henderson | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Richmond County | Richmond County Small Claims Court (Magistrate), Staten Island | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Pasquotank County | Pasquotank County Small Claims Court (Magistrate), Elizabeth City | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Person County | Person County Small Claims Court (Magistrate), Roxboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Macon County | Macon County Small Claims Court (Magistrate), Franklin | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Dare County | Dare County Small Claims Court (Magistrate), Manteo | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Yadkin County | Yadkin County Small Claims Court (Magistrate), Yadkinville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Alexander County | Alexander County Small Claims Court (Magistrate), Taylorsville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Transylvania County | Transylvania County Small Claims Court (Magistrate), Brevard | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Scotland County | Scotland County Small Claims Court (Magistrate), Laurinburg | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Currituck County | Currituck County Small Claims Court (Magistrate), Currituck | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Cherokee County | Cherokee County Small Claims Court (Magistrate), Murphy | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Bladen County | Bladen County Small Claims Court (Magistrate), Elizabethtown | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Ashe County | Ashe County Small Claims Court (Magistrate), Jefferson | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Montgomery County | Montgomery County Small Claims Court (Magistrate), Troy | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Anson County | Anson County Small Claims Court (Magistrate), Wadesboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Caswell County | Caswell County Small Claims Court (Magistrate), Yanceyville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Madison County | Madison County Small Claims Court (Magistrate), Marshall | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Martin County | Martin County Small Claims Court (Magistrate), Williamston | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Greene County | Greene County Small Claims Court (Magistrate), Snow Hill | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Polk County | Polk County Small Claims Court (Magistrate), Columbus | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Hertford County | Hertford County Small Claims Court (Magistrate), Winton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Warren County | Warren County Small Claims Court (Magistrate), Warrenton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Yancey County | Yancey County Small Claims Court (Magistrate), Burnsville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Avery County | Avery County Small Claims Court (Magistrate), Newland | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Bertie County | Bertie County Small Claims Court (Magistrate), Windsor | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Northampton County | Northampton County Small Claims Court (Magistrate), Jackson | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Mitchell County | Mitchell County Small Claims Court (Magistrate), Bakersville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Swain County | Swain County Small Claims Court (Magistrate), Bryson City | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Chowan County | Chowan County Small Claims Court (Magistrate), Edenton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Perquimans County | Perquimans County Small Claims Court (Magistrate), Hertford | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Pamlico County | Pamlico County Small Claims Court (Magistrate), Bayboro | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Clay County | Clay County Small Claims Court (Magistrate), Hayesville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Alleghany County | Alleghany County Small Claims Court (Magistrate), Sparta | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Camden County | Camden County Small Claims Court (Magistrate), Camden | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Washington County | Washington County Small Claims Court (Magistrate), Plymouth | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Gates County | Gates County Small Claims Court (Magistrate), Gatesville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Jones County | Jones County Small Claims Court (Magistrate), Trenton | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Graham County | Graham County Small Claims Court (Magistrate), Robbinsville | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Hyde County | Hyde County Small Claims Court (Magistrate), Swan Quarter | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
| Tyrrell County | Tyrrell County Small Claims Court (Magistrate), Columbia | $10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk)) | Statewide filing fee: Set by the court; call the clerk or check the court page. | Not verified | State court directory Court site located; the court's server blocks automated checks |
Detailed guides for 100 counties
- Wake County
- Mecklenburg County
- Guilford County
- Forsyth County
- Cumberland County
- Durham County
- Buncombe County
- Union County
- Johnston County
- Cabarrus County
- New Hanover County
- Gaston County
- Onslow County
- Iredell County
- Alamance County
- Pitt County
- Davidson County
- Brunswick County
- Catawba County
- Rowan County
- Orange County
- Randolph County
- Harnett County
- Henderson County
- Wayne County
- Robeson County
- Moore County
- Craven County
- Cleveland County
- Nash County
- Lincoln County
- Rockingham County
- Burke County
- Chatham County
- Caldwell County
- Wilson County
- Franklin County
- Surry County
- Carteret County
- Pender County
- Lee County
- Stanly County
- Wilkes County
- Rutherford County
- Haywood County
- Granville County
- Sampson County
- Hoke County
- Lenoir County
- Watauga County
- Duplin County
- Columbus County
- Edgecombe County
- Halifax County
- Stokes County
- Davie County
- Jackson County
- McDowell County
- Beaufort County
- Vance County
- Richmond County
- Pasquotank County
- Person County
- Macon County
- Dare County
- Yadkin County
- Alexander County
- Transylvania County
- Scotland County
- Currituck County
- Cherokee County
- Bladen County
- Ashe County
- Montgomery County
- Anson County
- Caswell County
- Madison County
- Martin County
- Greene County
- Polk County
- Hertford County
- Warren County
- Yancey County
- Avery County
- Bertie County
- Northampton County
- Mitchell County
- Swain County
- Chowan County
- Perquimans County
- Pamlico County
- Clay County
- Alleghany County
- Camden County
- Washington County
- Gates County
- Jones County
- Graham County
- Hyde County
- Tyrrell County
Statute says
The willful failure of a landlord to comply with the deposit, bond, or notice requirements of this Article shall void the landlord's right to retain any portion of the tenant's security deposit as otherwise permitted under G.S. 42-51.
What this means
Tenant resources
- Legal Aid of North Carolinalegal aid, 866-219-5262
- North Carolina Tenants Uniontenant union
- North Carolina Department of Justice Consumer Complaintag consumer
- North Carolina Judicial Branch Small Claims Helpcourt self help
FAQ
What is the small claims limit in North Carolina?
$10,000 (statewide maximum for magistrate small claims; some counties set lower local limit (as low as $5,000)); $5,000 (some counties (local rules; confirm with clerk))
What is the statute of limitations?
Limitation period listed in our state data: 3 years.
Can I recover more than my deposit?
willful noncompliance voids landlord's right to retain any portion of the deposit; tenant may recover damages and, on finding of willful noncompliance, attorney's fees. Bad faith required: Yes.
Which court handles the claim?
Small Claims Court (District Court, heard by Magistrate)
Should I send a demand letter first?
First listed deposit return deadline: 30 calendar days after termination of the tenancy and delivery of possession of the premises to the landlord. Typical response window after a demand letter: 30 days.