Civil Filings (including Small Claims Filings)

Office hours are from 8:30 a.m. to 5:00 p.m., Monday through Friday.

If you have questions concerning small claims court or any other type of civil cases, please contact:

Civil Filings Office
(919) 808-3003
919) 808-3030 Fax

• Each time you contact Civil Filings, please have your file number, which is located in the upper right-hand corner of your court documents. Example: (00-CVM-0123 or 00-CVD-0456)
• Be clear about what information you would like us to provide.

Summary Ejectment Packet

Information for self-represented individuals to file a complaint for summary ejectment (eviction).

Legal Disclaimer Clerks of court are employees of the North Carolina Court System and Administrative Office of the Courts. Clerks are not permitted to give legal advice. Only lawyers are licensed to do this. The legal analysis of any situation depends on a variety of factors that cannot be properly represented or accounted for on a website; therefore, if you have any questions about your legal rights and remedies, you may consult an attorney licensed to practice law in North Carolina.

Representing yourself? You are what is termed a “pro se litigant.” As a pro se litigant, you are responsible to make certain that the information and instructions in this Pro Se Summary Ejectment packet are appropriate for your situation. Therefore, you should review and research applicable laws, rules and civil procedure, and cases that apply to your type of situation. If you are not able to do this, you should talk to an attorney.

NOTE: Neither the Durham County Clerk of Court’s Civil Filings Staff nor anyone else contributing to the production or dissemination of these forms, instructions, or guidelines will be liable for any direct, indirect, or consequential damages resulting from your use of the forms or information provided in this Pro Se Summary Ejectment Packet.

If you wish to represent yourself, you will need the packet instructions and forms listed below. READ THE INSTRUCTIONS before you complete the forms.

Pro Se Summary Ejectment Packet Instructions

Summary Ejectment FormsPrint all the following forms in the quantities indicated. BOTH sides of the form, if applicable, is required.

• Complaint in Summary Ejectment, AOC-CVM-201 – Four (4) for one defendant; Six (6) for two defendants
• Magistrate Summons, AOC-CVM-100 – Four (4) copies for one defendant; Six (6) for two defendants
• Servicemembers Civil Relief Act Declaration, AOC-G-250 – One (1) copy per defendant, signed if submitting by mail

The following are also required at filing

• A stamped envelope addressed to each defendant (one per defendant)
• $96.00 filing fee (payable in cash, credit/debit card [with proper ID], certified check, money order, or business check made payable to DURHAM COUNTY CLERK OF COURT)
• $30.00 per defendant service fee (payable in cash, credit/debit card, certified check, money order, or business check made payable to DURHAM COUNTY SHERIFF’S DEPARTMENT)
• Also, if submitting the filing by mail, please include a self-addressed, stamped envelope (SASE) for your copies to be returned to you.
   
  MAIL OR PRESENT IN PERSON TO:
  CLERK OF SUPERIOR COURT
  ATTN: CIVIL FILINGS
  510 S DILLARD ST
  DURHAM, NC 27701

YOU MAY CALL THE CLERK’S OFFICE AHEAD OF FILING TO SCHEDULE A COURT DATE FOR YOUR SUMMARY EJECTMENT CASE. HOWEVER, IF YOU ARE FILING 5 OR MORE CASES, IT IS MANDATORY TO OBTAIN A COURT DATE AHEAD OF FILING.

IF YOU HAVE ANY QUESTIONS OR NEED TO SCHEDULE A COURT DATE, CALL THE CLERK’S OFFICE, CIVIL FILINGS, AT 919-808-3003.

Money Owed Packet

Information for self-represented individuals to file a complaint for money owed.

Legal Disclaimer Clerks of court are employees of the North Carolina Court System and Administrative Office of the Courts. Clerks are not permitted to give legal advice. Only lawyers are licensed to do this. The legal analysis of any situation depends on a variety of factors that cannot be properly represented or accounted for on a website; therefore, if you have any questions about your legal rights and remedies, you may consult an attorney licensed to practice law in North Carolina.

Representing yourself? You are what is termed a “pro se litigant.” As a pro se litigant, you are responsible to make certain that the information and instructions in this Pro Se Money Owed packet are appropriate for your situation. Therefore, you should review and research applicable laws, rules and civil procedure, and cases that apply to your type of situation. If you are not able to do this, you should talk to an attorney.

NOTE: Neither the Durham County Clerk of Court’s Civil Filings Staff nor anyone else contributing to the production or dissemination of these forms, instructions, or guidelines will be liable for any direct, indirect, or consequential damages resulting from your use of the forms or information provided in this Pro Se Money Owed Packet.

Please note you cannot sue in small claims court for more than $10,000.00 in Durham County.

If you wish to represent yourself, you will need the packet instructions and forms listed below. READ THE INSTRUCTIONS before you complete the forms.

Pro Se Money Owed Packet Instructions

Money Owed FormsPrint all the following forms in the quantities indicated. BOTH sides of the form, if applicable, is required.

• Complaint for Money Owed, AOC-CVM-200 – Three (3) for one defendant; four (4) for two defendants
• Magistrate Summons, AOC-CVM-100 – Three (3) for one defendant; four (4) for two defendants
• Servicemembers Civil Relief Act Declaration, AOC-G-250 – One (1) copy per defendant, signed if submitting by mail

The following are also required at filing:

• $96.00 filing fee (payable in cash, credit/debit card [with proper ID], certified check, money order, or business check made payable to DURHAM COUNTY CLERK OF COURT)
• $30.00 per defendant service fee (payable in cash, credit/debit card, certified check, money order, or business check made payable to DURHAM COUNTY SHERIFF’S DEPARTMENT)
• Also, if submitting the filing by mail, please include a self-addressed, stamped envelope (SASE) for your copies to be returned to you.
   
  MAIL OR PRESENT IN PERSON TO:
  CLERK OF SUPERIOR COURT
  ATTN: CIVIL FILINGS
  510 S DILLARD ST
  DURHAM, NC 27701

When SUING A BUSINESS, you MUST provide the name of a person who can accept service on behalf of the company (REGISTERED AGENT OR OWNER).

Examples of how to fill out the magistrate summons part of the paperwork:

REGISTERED AGENT
COMPANY NAME
JOHN DOE, REGISTERED AGENT
123 ADDRESS ST
DURHAM NC ZIP

-OR-
(IF THERE IS NO REGISTERED AGENT)

OWNER
COMPANY NAME
JOHN DOE, OWNER
123 ADDRESS ST
DURHAM NC ZIP

WHEN THERE IS NOT A REGISTERED AGENT OR OWNER:
DOING BUSINESS AS
JOHN DOE D/B/A
NAME OF BUSINESS
123 ADDRESS ST
DURHAM NC ZIP

YOU MAY OBTAIN THIS INFORMATION FROM THE FOLLOWING RESOURCES:

• Registered Agent’s Name: Secretary of State Office at 919-814-5400
• Owner’s Name: Durham County Register of Deeds at 919-560-0480

IF YOU HAVE ANY QUESTIONS, CALL THE CLERK’S OFFICE, CIVIL FILINGS, AT 919-808-3003.

Recover Possession of Personal Property Packet

Information for self-represented individuals to file a complaint to recover possession of personal property.

Legal DisclaimerClerks of court are employees of the North Carolina Court System and Administrative Office of the Courts. Clerks are not permitted to give legal advice. Only lawyers are licensed to do this. The legal analysis of any situation depends on a variety of factors that cannot be properly represented or accounted for on a website; therefore, if you have any questions about your legal rights and remedies, you may consult an attorney licensed to practice law in North Carolina.

Representing yourself? You are what is termed a “pro se litigant.” As a pro se litigant, you are responsible to make certain that the information and instructions in this Pro Se Recover Possession of Personal Property packet are appropriate for your situation. Therefore, you should review and research applicable laws, rules and civil procedure, and cases that apply to your type of situation. If you are not able to do this, you should talk to an attorney.

NOTE: Neither the Durham County Clerk of Court’s Civil Filings Staff nor anyone else contributing to the production or dissemination of these forms, instructions, or guidelines will be liable for any direct, indirect, or consequential damages resulting from your use of the forms or information provided in this Pro Se Recover Possession of Personal Property packet.

Please note that you cannot sue in small claims court to recover property worth more than $10,000.00 in Durham County.

If you wish to represent yourself, you will need the packet instructions and forms listed below. READ THE INSTRUCTIONS before you complete the forms.

Pro Se Recover Possession of Personal Property Packet Instructions

Recover Possession of Personal Property FormsPrint all the following forms in the quantities indicated. BOTH sides of the form, if applicable, is required.

• Complaint to Recover Possession of Personal Property, AOC-CVM-202 – Three (3) for one defendant; four (4) for two defendants
• Magistrate Summons, AOC-CVM-100 – Three (3) for one defendant; four (4) for two defendants
• Servicemembers Civil Relief Act Declaration, AOC-G-250 – One (1) copy per defendant, signed if submitting by mail

The following are also required at filing.

• $96.00 filing fee (payable in cash, credit/debit card [with proper ID], certified check, money order, or business check made payable to DURHAM COUNTY CLERK OF COURT)
• $30.00 per defendant service fee (payable in cash, credit/debit card, certified check, money order, or business check made payable to DURHAM COUNTY SHERIFF’S DEPARTMENT)
• Also, if submitting the filing by mail, please include a self-addressed, stamped envelope (SASE) for your copies to be returned to you.
   
  MAIL OR PRESENT IN PERSON TO:
  CLERK OF SUPERIOR COURT
  ATTN: CIVIL FILINGS
  510 S DILLARD ST
  DURHAM, NC 27701

IF YOU HAVE ANY QUESTIONS, CALL THE CLERK’S OFFICE, CIVIL FILINGS, AT 919-808-3003.