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Clerk of Superior Court
Small Claims
Division
Cumberland County Courthouse [Map]
First Floor – Room
122
(910) 475-3008
(Business Hours)
Small Claims Division handles civil matters where
the relief sought is:
1. Money (with the amount in controversy
less than (dollar
amount);
2. Evictions (Landlord tenant disputes); or
3. The recovery of specific personal
property
A magistrate presides in Small Claims
Court for the hearing of all Small Claims cases and proceedings are
generally far less formal than in the District and Superior Court.
Small Claims actions MUST BE FILED in the county where
the Defendant resides. Prior to filing
any small claims action and paying the court costs, verify that the
address of the defendant is in Cumberland
County. (Some addresses may contain the name
of a city or town located inside of Cumberland County yet the physical
residence of the defendant is actually in an adjoining county.)
TO FILE A SMALL CLAIMS – YOU MUST (1) Complete the forms in the number of
copies as indicated below. (2) Include the court costs, and (3) Include
service fees payable to the Sheriff’s Office.
Forms are available on-line and
in the Clerk’s office. The Clerk's Office staff and Magistrate’s may not
instruct you on how to fill out these forms. (Improperly Completed Forms May
Result In Dismissal Of Your Case.)
Step 1. To fill out Forms On-Line select the forms below that
correspond with the type of law suit you are filing and follow the
instructions for preparing the number of forms needed based on the number
of people you are suing in each law suit. Most forms are two-sided and both sides must be
printed for filing with the Clerk and service by the Sheriff.
Instructions for the number of copies needed for each form is indicated
below beside of the form.
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Form
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Number Of Forms To Be Completed
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Summary
Ejectment/Eviction Forms
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AOC-CVM-201
AOC-CVM-100
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ONE DEFENDANT: 1 original plus 3 copies
TWO DEFENDANTS: 1 original plus 4 copies
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When filing for an eviction provide a stamped envelope, addressed
to the defendant
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Money Owed
Forms
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AOC-CVM-200
AOC-CVM-100
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ONE DEFENDANT: 1 original plus
2 copies
TWO
DEFENDANTS: 1 original plus 3 copies
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Return of
Personal Property Forms
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AOC-CVM-202
AOC-CVM-100
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ONE DEFENDANT: 1 original plus
3 copies
TWO DEFENDANTS: 1 original plus 4 copies.
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Writ of
Possession
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AOC-CV-401
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One Original required
regardless of the number of defendant’s
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Place a
telephone number where you can be reached by the sheriff to take possession of the property on the top right
of the Writ of Possession form.
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Writ of
Execution
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AOC-CV-400
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One Original required. (Each original can contain no more
than two defendant names.)
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Notice of
Voluntary Dismissal Form
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AOC-CV-405
[If the parties settle the dispute before the hearing, the plaintiff
must file a Notice of Voluntary Dismissal with the court to close the
law suit.]
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Step 2. COURT
COSTS must be
paid when filing your case. Certified checks and money orders are payable
to the Clerk of Superior Court. A separate check should accompany each
filing with the Clerk with the name of the Defendant placed on the bottom
of the check. Instructions to determine the costs are provided above
under “court costs”. (Personal checks cannot be accepted by
the court).
Step 3.
SERVICE FEES must be paid to the Sheriff to have papers served. Certified checks
and money orders are payable to the Sheriff of Cumberland County (no personal checks are accepted).
Instructions to determine the fee are provided above under “court costs”.
The Sheriff's fee applies to the service of the Summons, as well as the
Writ of Possession, and Writ of Executions and also applies to each
defendant to be served. Contact the Sheriff’s Office at (910) 323-1500 if
you have a question about these fees or to determine if your paperwork
has been served.
When you file your law suit with
Small Claims, you will be given a date and time to appear for your
hearing. You should come prepared to present evidence at this
hearing. If the plaintiff is not
present the case may be dismissed.
If the defendant is not present a judgment may be entered.
Appeals from Small Claims Court
are to the Civil District Court.
For more information regarding a
Small Claim, you may wish to access the North Carolina Legal Aid publication,
A
Guide to Small Claims.
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