The cost of an eviction in North Carolina for all filing, court, and service fees varies on the amount of the claim. For cases filed in Magistrate Small Claims Court (used for claims under $10,000), the average cost is $156. For cases filed in District Court (for claims over $10,000), the average cost is $210.
| Fee | Magistrate Small Claims | District |
| Initial Court Filing | $96 | $150 |
| Summons Service | $30 | $30 |
| Writ of Possession Service | $30 | $30 |
| Notice of Appeal Filing (Optional) | $150 | $150 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In North Carolina, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Summary Ejectment”) with the court the following business day.
The filing fee for an initial Summary Ejectment in Magistrate Small Claims Court is $96. For claims filed in District Court, the filing fee is $150.
2. Summons Service Fee
Once a Complaint is filed in North Carolina, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court).
The landlord must arrange for a sheriff to deliver the Summons to the tenant. The sheriff’s Summons service fee is $30 for delivering a Summons.
3. Writ of Possession Service Fee
In North Carolina, if the court rules in favor of the landlord, the court shall issue a Writ of Possession within 10 calendar days after the ruling. The writ is the tenant’s final notice to vacate the premises.
A North Carolina sheriff must serve the Writ of Possession to the tenant. They can charge a service fee of $30.
4. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 10 calendar days of the ruling. The filing fee is $150.
Sources
- 1 NC Gen Stat § 7A-311 (2021)
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For each item of civil process served, including summons…the sum of
thirty dollars ($30.00). When two or more items of civil process are
served simultaneously on one party, only one thirty-dollar ($30.00)
fee shall be charged. - 2 NC Gen Stat § 7A-311 (2021)
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For each item of civil process served, including…writs…the sum of
thirty dollars ($30.00). When two or more items of civil process are
served simultaneously on one party, only one thirty-dollar ($30.00)
fee shall be charged.
