Small Claims Court
What are the rules to evict a tenant?
Chapter 42 of the General Statutes, Landlord and Tenant,
regulates the rental of premises and the eviction of tenants.
Cumberland County does not have the authority to regulate these activities.
Small claims court is part of the District Court Division.
It handles civil cases where a plaintiff requests assignment to a magistrate and the amount in
controversy is $5,000 or less. The principal relief sought in small claims court is money,
the recovery of specific personal property, or summary ejectment (eviction).
A magistrate presides over small claims court. There is no jury and usually no lawyers.
A person who loses in small claims court may appeal for a trial by jury before a judge in District Court.
For additional information see the Guide to Small Claims Court
maintained under the Publications area of the
Legal Aid of North Carolina Website.
Or visit the Small Claims Court for the NC Court System Website.