packets containing prepared 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.
The filing fee for Small Claims court is $96 cash or money order made payable to the Wake County Clerk of Court.
Additionally, there is a $30 service fee for each defendant. This service fee is payable to the Wake County Sheriff's Department. The Sheriff's Department accepts cash, money orders and personal or company checks.
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
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.
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.
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. For more information regarding a Small Claim, you may wish to access the North Carolina Legal Aid publication, A Guide to Small Claims.