Small Claims - Magistrates

Tel: (252) 504-4543


Small Claims Court handles civil matters involving less than $10,000.00 in controversy and are heard by magistrates instead of judges. Small Claims actions and proceedings are generally far less formal than District Court and Superior Court counterparts.

Forms are available from the Clerk's Office for certain Small Claims actions. Some examples of Small Claims include landlord-tenant disputes, complaints for money owed, and actions seeking the recovery of personal property.

The Clerk's Office may not instruct you on how to fill out these forms, but for your convenience we have provided links to the forms that you may need for certain Small Claims. Some forms may be two sided, so make sure to print sides 1 and 2 of the forms.

Click here for the current filing fee and service fee (for each person to be served) for "Magistrate's Court". They should be listed under the most recent "Civil" fees. The filing fee should be paid in cash or money order made payable to the "Clerk of Court". The service fee is payable to the "Carteret County Sheriff's Department", and they accept cash, money orders and company checks. No personal checks are accepted. 

Complaint for Summary Ejectments or Evictions. The following are the forms needed for Summary Ejectments or Evictions. You will need 1 original and 3 copies for 1 defendant. You will need 1 original and 4 copies for 2 defendants.
*PLEASE NOTE: WHEN FILING FOR AN EVICTION - PLEASE PROVIDE A STAMPED ENVELOPE, ADDRESSED TO THE DEFENDENT

Complaint for Money Owed. The following are the forms needed for suing for Money Owed. You will need 1 original and 2 copies for 1 defendant. You will need 1 original and 3 copies for 2 defendants.

Complaint for Return of Personal Property. The following are the forms needed for suing for the Return of Personal Property. You will need 1 original and 2 copies for 1 defendant. You will need 1 original and 3 copies for 2 defendants.

Notice of Voluntary Dismissal. If the dispute is settled between the time you file your paperwork and the time you come to court, then you must fill out a Notice of Voluntary Dismissal. This notifies both parties and the courts, that the lawsuit has been settled.

Copies. If you want copies of these filed forms, provide the Clerk's Office with a self-addressed, stamped envelope and a copy will be returned to you. Copy fees apply. The fee is calculated as $2.00 for the first page and $0.25 for each additional page.

More Information- Small Claims. For more information regarding a Small Claim, you may wish to access the North Carolina Legal Aid web publication, A Guide to Small Claims.

Getting Married. Magistrates are empowered to conduct civil weddings. Couples seeking to be married must provide a N.C. marriage license from any N.C. Register of Deeds Office, two adult witnesses, and pay a fee. The preferred time for weddings is from 9:00am to 7:00pm at the Courthouse. Arrangements should be made in advance.

Outstanding Warrants. Contact your local law enforcement agency or the Sheriff's Office Warrant Squad.

Jail or Inmate Information. Contact the Carteret County Jail.