VERIFIED COMPLAINT FOR MONEY OWED
North Carolina Small Claims Division – [COUNTY] County
[// GUIDANCE: This template is designed for use in the North Carolina small-claims (magistrate) court. Customize all bracketed fields, remove guidance comments before filing, and confirm local filing requirements—including mandatory AOC cover sheets and any county-specific service instructions.]
CAPTION
STATE OF NORTH CAROLINA
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
SMALL CLAIMS SECTION
File No.: ____
| [PLAINTIFF NAME], | |
| Plaintiff, | |
| v. | VERIFIED COMPLAINT FOR MONEY OWED |
| [DEFENDANT NAME], | |
| Defendant. |
TABLE OF CONTENTS
- Parties
- Jurisdiction & Venue
- Factual Allegations
- Cause(s) of Action
- Damages Sought
- Prayer for Relief
- Verification
- Certificate of Service
[// GUIDANCE: A formal “Definitions” section is atypical in NC small-claims pleadings; accordingly it has been omitted for brevity and conformity with local practice.]
1. PARTIES
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY] County, North Carolina, and may be contacted for purposes of this action at [PLAINTIFF ADDRESS].
1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is, upon information and belief, a resident of [COUNTY] County, North Carolina, with a last-known address of [DEFENDANT ADDRESS].
2. JURISDICTION & VENUE
2.1 Subject-Matter Jurisdiction. This action is properly before the Small Claims Division of the District Court pursuant to N.C. Gen. Stat. § 7A-210 (2023), because the amount in controversy does not exceed $10,000, exclusive of interest and permissible costs.
2.2 Personal Jurisdiction. Defendant is subject to the personal jurisdiction of this Court because Defendant is a resident of North Carolina and the events giving rise to this claim occurred within the state.
2.3 Venue. Venue is proper in [COUNTY] County under N.C. Gen. Stat. § 1-82 (2023) because Defendant resides in this county and/or the cause of action arose here.
3. FACTUAL ALLEGATIONS
3.1 On or about [DATE], Plaintiff and Defendant entered into an agreement whereby Defendant agreed to pay Plaintiff the principal sum of $[PRINCIPAL AMOUNT] (the “Debt”).
3.2 The consideration for the Debt was [briefly describe consideration, e.g., “money loaned,” “goods sold and delivered,” “services performed,” etc.].
3.3 Plaintiff fully performed all obligations required of Plaintiff under the agreement.
3.4 Defendant failed to pay the Debt when due. Despite Plaintiff’s written demand dated [DATE OF DEMAND LETTER], Defendant has failed and refused to cure the default.
3.5 As of the date of this Complaint, the total amount owed, inclusive of contractual interest calculated at [RATE]% per annum through [DATE], is $[TOTAL AMOUNT DUE].
4. CAUSE(S) OF ACTION
Count I – Breach of Contract / Money Owed
4.1 Plaintiff realleges and incorporates by reference Paragraphs 3.1–3.5 above.
4.2 Defendant’s failure to pay the Debt constitutes a breach of the parties’ agreement, causing Plaintiff monetary damages.
4.3 Plaintiff is entitled to recover the principal amount, accrued interest, and allowable court costs.
[OPTIONAL] Count II – Unjust Enrichment (Pled in the Alternative)
4.4 Should the Court determine no enforceable contract exists, Plaintiff pleads unjust enrichment in the alternative.
4.5 Defendant has been unjustly enriched in the amount of $[PRINCIPAL AMOUNT] to Plaintiff’s detriment, and equity requires restitution.
5. DAMAGES SOUGHT
5.1 Principal: $ [PRINCIPAL AMOUNT]
5.2 Accrued Interest (through [DATE]): $ [INTEREST AMOUNT]
5.3 Court Costs (estimated filing & service fees): $ [COURT COSTS]
5.4 Total Amount Requested: $ [TOTAL AMOUNT DUE] (not to exceed $10,000).
[// GUIDANCE: If the total exceeds $10,000, the matter is outside magistrate jurisdiction. Adjust claim or file in District Court.]
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
A. Monetary judgment in the total amount of $ [TOTAL AMOUNT DUE], plus post-judgment interest at the legal rate until paid in full;
B. Taxable court costs as allowed by law; and
C. Such other and further relief as the Court deems just and proper.
7. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, depose and state under penalty of perjury that I am the Plaintiff in the foregoing action; that I have read the foregoing Verified Complaint and know the contents thereof; and that the matters and things stated therein are true to the best of my knowledge, information, and belief.
Date: __ Signature: ____
[PLAINTIFF NAME]
[Notary acknowledgment block, if required by local rule]
8. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Verified Complaint was served upon Defendant as follows:
• ☐ By sheriff/authorized process server at the address stated above
• ☐ By certified mail, return receipt requested, addressed to Defendant at the address stated above
• ☐ Other: _____
Date: __ Signature: ____
[PLAINTIFF NAME]
ADDITIONAL INFORMATION (NOT FILED WITH COURT)
[// GUIDANCE: The following notes are for attorney/firm use only.]
• Monetary Limits: Confirm current statutory cap (presently $10,000 under N.C. Gen. Stat. § 7A-210).
• Allowable Claims: Small claims may include money owed, possession of personal property, summary ejectment, and motor-vehicle property damage. Complex tort or equitable matters should be filed in District or Superior Court.
• Appeal Rights: Either party may appeal an adverse magistrate’s judgment to District Court for a trial de novo within 10 days of entry (N.C. Gen. Stat. § 7A-228).
• Interest Rate: Absent contract, statutory pre-judgment interest in NC is 8% simple interest per annum (N.C. Gen. Stat. § 24-1).
• Attorney’s Fees: Recoverable only if provided for in a written instrument evidencing the indebtedness and subject to the limitations of N.C. Gen. Stat. § 6-21.2. If inapplicable, strike attorney-fee language.
• Required Forms: Attach AOC-CVM-200 (Complaint in Summary Ejectment/Money Owed) or local equivalent if mandated by county clerk; staple this pleading behind the official form if necessary.
• Service: The sheriff’s office will typically effectuate service upon payment of the service fee; alternate service methods require strict compliance with Rule 4 of the North Carolina Rules of Civil Procedure.
© [YEAR] [LAW FIRM NAME]. All rights reserved. This template is provided for informational purposes and is not a substitute for individualized legal advice.