North Carolina Judicial Branch

If you are involved in a court case, or if you believe you have a claim against someone else or that someone else may have a claim against you, it is recommended that you contact an attorney for advice and/or representation. An attorney can explain your rights and obligations, advise you of the possible outcomes of your case based on the facts, attempt to negotiate a resolution of your case without a trial, file legal documents on your behalf, and represent you in any hearings.

In most cases, you have the right to represent yourself if you choose not to hire an attorney or are not able to do so. This is called proceeding “pro se.” If you represent yourself, you will be held to the same rules of procedure and evidence as a licensed attorney. These rules can be complicated, and there is not a single source of legal rules, which can be found in statutes, court decisions, and regulations, among other sources. Because of this, representing yourself can be difficult.

Many people find lawyers based on personal recommendations from family or friends. Other attorneys in the area are often happy to recommend an attorney who may be able to assist you with your legal problem. There are also many online resources that can help you find a lawyer in your area.

• The North Carolina State Bar, which is the governing body for lawyers, keeps a list of lawyers who are certified specialists in different areas of law, such as criminal law, estate planning, or workers’ compensation. You may find that information online. The North Carolina State Bar also keeps a directory of all licensed attorneys, which you can search either by name or by city and state. This directory provides some contact information as well as information about whether the lawyer has ever been disciplined for misconduct. You may find that directory online.
• The North Carolina Bar Association, a private statewide lawyers’ organization, runs the Lawyer Referral Service, which provides referrals to potential clients. Not all lawyers participate in the Lawyer Referral Service, but participating lawyers agree to charge no more than $50 for an initial, 30-minute consultation. You can get a referral through the service by calling 1-800-662-7660 or online.
• The North Carolina Advocates for Justice is a private association of attorneys geared toward representing individuals in cases such as personal injury, medical malpractice, workers’ compensation, employment, civil rights, immigration, family law, and criminal and juvenile defense. The organization keeps a directory of lawyers based on location, languages spoken and practice areas. You may find that directory online.
• The North Carolina Association of Defense Attorneys is a private organization of attorneys geared toward representing businesses and individuals in civil (not criminal) cases such as medical malpractice, workers’ compensation, construction, employment, and commercial law. The organization keeps a directory of lawyers based on geographical location, which you can find online.
• You can find additional referral information and resources for the public, including information about how to choose the right lawyer for your case, through the State Bar.

Lawyers must charge reasonable fees, based on many factors, including the lawyer’s experience and skill, the complexity of the case, the amount of time and work involved, and other factors. In some cases, lawyers may charge “contingent fees,” meaning that the lawyer keeps a percentage of the money the client receives from the case rather than charging the client at the beginning. When hiring a lawyer, you should make sure you understand what you will be charged. You can find the rules about lawyers’ fees online.

Most people hire attorneys who regularly practice in the county where the court case is filed. Some attorneys may be willing to travel for a case, but may charge travel expenses to the client. If your case is in the North Carolina state courts, at least one attorney involved in your case must be licensed to practice in North Carolina.

Court-appointed lawyers are available in certain cases for people who are unable to afford to hire an attorney. These cases include criminal cases where jail or prison time or a fine over $500 is a possibility; cases where Child Protective Services seeks to remove a parent’s children from the home; and cases involving involuntary commitment to a mental health facility or a petition to find a person incompetent and appoint a guardian. Court-appointed attorneys are not available for minor traffic violations or for most civil cases, such as divorce, child custody, Domestic Violence Protective Orders, evictions, foreclosures, or cases in which a person or company sues someone for money. You can find a full list of situations in which an attorney can be appointed.

You can request a court-appointed lawyer after you are charged with a crime. When you appear in court, the judge will ask you whether you want to have an attorney appointed, hire your own attorney, or represent yourself. If you want a court-appointed attorney, you may need to give the court information under oath about your income and expenses, so that the judge can determine whether you can afford to hire an attorney. Depending on your county, you may be appointed a public defender or a private attorney from an appointment list. In some counties, you may meet with your attorney on the same day. In other counties, information about your attorney will be provided to you so that you can contact the attorney. See the Criminal Law Help Topic for more information about court-appointed attorneys in criminal cases.

Numerous organizations in North Carolina provide free legal assistance in specific types of cases. Note that all of these programs have their own eligibility criteria and application processes.

• eCourts Guide & File is available to help users prepare court documents online to file for certain case types.
• Legal Aid of North Carolina provides free legal assistance to low-income people across the state in a variety of legal areas, including domestic violence, landlord/tenant, foreclosure, public benefits, unemployment, consumer, education, criminal record expunctions, senior law, veterans’ law, and human trafficking cases. You can apply for assistance by calling 1-866-219-5262 or online.
• Charlotte Center for Legal Advocacy provides legal assistance to people living in the Charlotte area in a variety of legal areas, including consumer protection, foreclosure, health care and public benefits, tax disputes, domestic violence, immigration, veterans’ law, and senior law. You can apply for assistance by phone at 704-376-1600 or online.
• Pisgah Legal Services provides legal assistance to people living in Western North Carolina in a variety of legal areas, including consumer protection, domestic violence, health care and public benefits, immigration, criminal record expunctions, and senior law. You can apply for assistance by calling 828-253-0406 or view the organization’s website.
• The North Carolina Justice Center provides free legal assistance in cases including consumer protection, foreclosure, housing discrimination, immigration, immigrants’ rights, and workers’ rights. You can view the organization’s website.
• Disability Rights North Carolina provides free legal services in some disability-related cases to people with disabilities. You can view the organization’s website.
• North Carolina Prisoner Legal Services provides free legal services in certain types of cases to people who are incarcerated. You can view the organization’s website.
• North Carolina’s law school clinics provide a variety of free legal assistance, in areas including bankruptcy, landlord/tenant, education, community economic development, immigration, domestic violence, and senior law. You can find out more about each law school’s clinics by visiting their webpages: Campbell University School of Law (Raleigh), Duke University School of Law (Durham), Elon University School of Law (Greensboro), North Carolina Central University School of Law (Durham), UNC School of Law (Chapel Hill), Wake Forest University School of Law (Winston-Salem).
• The North Carolina Bar Association offers various services, including its annual 4ALL Statewide Service Day, where lawyers across the state provide free legal information by phone; NC Free Legal Answers, a virtual legal advice clinic; and NC LEAP, which provides legal services to low-wealth entrepreneurs.
• If you are a college student or member of the U.S. military, your school or branch of the military may offer some free legal services.
• Law firms, law schools, and nonprofit organizations periodically hold legal clinics, in which people can have one-on-one meetings with an attorney or law student to discuss their legal problems or for assistance in preparing some legal documents such as simple wills. You can find out more about legal clinics in your area through service providers or notifications in your local newspaper.
• Legal Aid of North Carolina runs group informational clinics across the state, where volunteer attorneys provide information about legal issues including divorce, child custody, tenants’ rights, and employees’ rights. You can view the clinic calendar online.
• Additional organizations provide assistance related to specific legal issues. You can view directories of North Carolina legal service providers on LawHelpNC and on the NCBA’s website.

All traffic tickets include a court date, but you may be able to dispose of your case without appearing in court. The options include (i) “waiving” (discussed in the next question), which may be done online, in person, or by mail, or (ii) requesting an online reduction or online dismissal from the District Attorney’s office. To determine the online options available to you, go to Citation Services.

For some traffic offenses, such as minor speeding violations and equipment violations, you have the option of handling your case without going to court by paying the fine and court costs before your court date. These offenses are often called “waivable” offenses, because if you choose this option, you “waive,” or give up, your right to appear in court and contest the ticket. If you “waive” an offense by paying in full rather than going to court, you will be treated as if you were found guilty or responsible as charged, including any effects on your driver’s license or automobile insurance. If you choose not to waive an offense, you can attend court, or in some cases an attorney can appear in court for you.

Law enforcement officers typically note on the ticket whether the offense is waivable, and, if so, the fine and court costs that you must pay in order to waive. Each year the chief district court judges review and publish the list of offenses that may be waived. You can view a complete list of waivable offenses here, and a list of offenses that require a court appearance here.

As noted above, you can waive online, in person at the courthouse in the county where you were charged, or by mail. Follow the waiver instructions on your traffic citation. If you waive online, you must pay with a credit or debit card. If you waive in person, you may do so before a clerk or a magistrate by signing the waiver portion of your traffic citation and paying the required amount. If paying in person before a clerk or magistrate, you must pay by certified check, cashier’s check, or money order, made payable to the Clerk of Superior Court, or by cash. You also may pay by credit or debit card if you are waiving in person before the clerk. If waiving by mail, you must date and sign the waiver portion of your citation, and mail the citation along with your payment to the Clerk of Superior Court in the county where you were charged using the address provided in the waiver instructions on your citation. If paying by mail, you must pay by certified check, cashier’s check, or money order, payable to the Clerk of Superior Court. Do not mail a personal check or cash.

For more information, also view the Criminal and Infraction Court Costs Help Topic.

To determine whether requesting an online reduction or an online dismissal is an option in your case, go to Citation Services. For certain speeding offenses, the District Attorney’s office may agree to process an online reduction of the charge to a less serious offense. For certain “correctable” traffic offenses (for example, an expired inspection), the District Attorney’s office may agree to process an online dismissal of the charge upon receiving proof that you have corrected the problem.

If the offense is one you may dispose of online or waive by paying by mail, you do not need to appear in person at the courthouse in the county where you were charged if you dispose of the offense online or waive by mail. If you prefer waive in person, you must make the payment at the courthouse in the county where you were charged. If you choose to or are required to appear in court to answer the charge, you must attend court in the county where you received the ticket. In some cases, an attorney can appear on your behalf without the need for you to appear in court personally.

The court system reports final convictions and findings of responsibility for traffic violations to the North Carolina Division of Motor Vehicles (NC DMV). The NC DMV (or the DMV in your home state if you are licensed elsewhere) can assess points or take other action against your driver’s license for traffic violations if you are found guilty or responsible, including by waiving the offense. If you accumulate too many driver’s license points, your driver’s license can be suspended. Some serious offenses, such as driving while impaired, require your license to be suspended regardless of your prior record. You can find more information about driver’s license points and offenses that result in suspensions in the North Carolina Driver’s Handbook.

If you are found guilty or responsible for a traffic offense, this could affect your automobile insurance rates. You can view a chart showing insurance points for various offenses on Pages 7 and 8 of the Consumer’s Guide to Automobile Insurance, produced by the North Carolina Department of Insurance.

For information on obtaining a copy of your North Carolina driving record or crash report, view the information on the NC DMV website.

You can look up the results of any North Carolina criminal or traffic case at the public terminals located in each clerk of court’s office, or by contacting a clerk of court’s office and asking staff to look it up for you.

You can look up court dates for traffic cases here.

This depends on your county. Traffic tickets in North Carolina are handled by a prosecutor, and trials and pleas of guilty or responsible are heard by a district court judge. Larger counties typically have a dedicated traffic court, and if you choose to represent yourself, you will generally have the opportunity to speak to a prosecutor (also known as an assistant district attorney, or ADA) about the possibility of a reduced charge. In smaller counties, traffic tickets are often handled in criminal court alongside misdemeanor cases. Hundreds of traffic cases may be scheduled for the same court session, so you should come to court prepared to wait for several hours. In some counties, arriving to traffic court early can put you at the front of the line. In other counties, cases are called based on case number, which depends on the date you received the ticket. You can contact the clerk of court in your county or an attorney to learn more about what to expect.

You have the right to hire an attorney for any traffic violation, but are not required to do so. An attorney can advise you on the consequences of a ticket in your situation, negotiate with the prosecutor on your behalf, and represent you in a hearing if needed. In some traffic cases, an attorney may appear on your behalf in traffic court, and you will not be required to attend. See the Finding an Attorney FAQ for more information about locating an attorney. For offenses with the potential for jail time or a fine of over $500, you can request a court-appointed lawyer if you are unable to hire your own attorney. If you choose to represent yourself, the court will expect you to follow the same rules of evidence and procedure as a licensed attorney. Court officials like judges and clerks of court cannot help you with your case, such as by giving you legal advice about your rights and obligations, possible defenses, or the likely outcome of your case, or by helping you question witnesses properly at trial.

Traffic cases often are resolved without a full trial. However, you have the right to a trial if you choose to request one.

• If you do not appear in court, your case will be marked “called and failed.” After 20 days, a Failure to Appear will be issued against you, which may result in an additional failure to appear fee (often called the “FTA fee”) if you are found guilty or responsible for the offense.
• After 20 days have passed from your failure to appear, if you still have not appeared in court to answer the charge or disposed of the case, the court will notify the NC DMV of your failure to appear, and the DMV will suspend your driver’s license indefinitely until you resolve the case. You will receive a notice of revocation from the NC DMV. If you resolve the case before the revocation goes into effect, you can avoid the revocation.
• In some cases, a failure to appear can result in an order for your arrest. If you were arrested for the offense and released on bond, failing to appear can cause you to “forfeit,” or lose, the bond.

If you miss your court date, you may be able to reschedule your case for a new court date with the clerk of court’s office, particularly if no order for your arrest was issued. If a Failure to Appear is issued, in some cases a judge can “strike” the Failure to Appear and give you a new court date. Your attorney can assist you in making this request, or if you do not have an attorney, you can file it yourself with the clerk of court. You should bring proof of your reason for missing court. If the judge chooses to strike your Failure to Appear, the judge can also cancel the failure to appear fee and any bond forfeiture. For more on this, see the “What if I miss my court date?” question in the Criminal Cases Help Topic.

The judge may agree to “continue,” or postpone, your case to another court date. There is no guarantee that you will receive a continuance, so you should be prepared to handle the case on your court date.

No, you cannot have a conversation with the judge about the facts of your case. Neither you, your attorney, nor the prosecutor can talk to the judge about your case unless all parties are present. If you choose to have a trial, you can present your case to the judge during the trial.

You can talk to the prosecutor about your case if you do not have an attorney representing you. If you have an attorney, the prosecutor is not allowed to speak to you without your attorney present, so your attorney will talk to the prosecutor for you. The prosecutor represents the other side of your case and therefore cannot give you legal advice and can use your statements against you.

Deferral and reduction options vary from district to district. You can consult an attorney about the options in your county, or discuss this with the prosecutor in court. As explained above, there also may be online options for having your charge dismissed or reduced. To determine the online options available to you, go to Citation Services.

A “PJC,” or “prayer for judgment continued,” is an option for disposing of the offense that is available in some traffic cases. A judge can grant a PJC instead of imposing a fine, though you will still be required to pay court costs. There are circumstances when a PJC still will be considered a conviction for the purposes of driver’s license and insurance points. An attorney can advise you about whether requesting a PJC may be beneficial in your case.

Jury trials are not available in District Court, where misdemeanor and infraction traffic tickets are initially heard. More serious traffic tickets are charged as misdemeanors, which can be appealed to Superior Court for a jury trial (or for a trial before a judge if you waive your right to a jury trial) if you are found guilty after a trial before a judge in District Court.

If you are convicted of a misdemeanor traffic ticket in District Court, you can appeal for a new trial in Superior Court. If you are convicted in Superior Court, you can appeal to the Court of Appeals. For more information on appeals, see the Criminal Cases Help Topic.

Whether or not an offense is a crime or infraction depends on the statute (law) that was violated. You could look up the statute, or you can consult an attorney if the statute is not clear. However, one quick way to tell what kind of offense was charged is to look at the case number on your citation (ticket), warrant, or other charging document. The case number begins with the last two digits of the year in which you were charged. For instance, cases charged in 2018 will begin with “18.” If the next two characters are “CR,” you were charged with at least one criminal offense (for example, a misdemeanor). If the next two characters are “IF,” you were charged only with infractions in that case. Note that you might be charged with a crime and an infraction in the same case (in which case the next two letters will be CR because of the criminal offense), or you might have charges under multiple case numbers, some of which might be criminal and some of which might be infractions.

If your case is disposed in court by a judge, the judge will determine the appropriate amount you must pay (fine, court costs, and possible other fees) based on the statutes that apply to your case. If you dispose of your case by waiver, you must pay the amount set for the offense on the traffic offenses waiver list. The chief district court judges determine the amounts due for waivable offenses. The traffic offenses waiver list is available here. For more information on court costs, view the Court Costs Help Topic.

See the question “How do I waive an offense?” earlier in this Help Topic.

For more information, also view the Criminal and Infraction Court Costs Help Topic.

If Citation Services allows you to complete the transaction, then you can waive online, even on the day you are supposed to appear in court. To allow time for your payment to be processed, however, you should try to pay at least 24 hours before you are scheduled to appear in court. This will allow you time to confirm payment and ensure that you are not expected in court.

Yes, but if you missed your court date and your payment is processed after you were scheduled to appear in court, it is possible that the court has issued an order for your arrest for your failure to appear, and the court may have reported your failure to appear to the NC DMV and assessed the additional failure to appear fee. You can contact the clerk of court’s office to learn what happened in your case.  For more information, see the question “What happens if I miss my court date?” earlier in this Help Topics.

If you missed your court date, then once 20 days have passed from your court date, the court will report your failure to appear to the NC DMV if you still have not appeared in court to answer the charge or disposed of the case. If your case was disposed in court by a judge, and you failed to pay the amount ordered by the judge within the time ordered by the judge, then once 40 days have passed from the failure to pay, the court will report your failure to pay to the NC DMV if you still have not paid. The NC DMV then will revoke your license based on the failure to appear in court or the failure to pay. If you failed to appear in court, your license will remain revoked until you either (i) dispose of the charge or (ii) demonstrate to the court that you are not the person charged with the offense. If you failed to pay as required by the court, then your license will remain revoked until you either (i) pay the amount ordered by the court, or (ii) demonstrate to the court that your failure to pay was not willful and that you are making a good faith effort to pay, or that the amount should be remitted. You will receive a notification of revocation from the NC DMV. If you resolve the case before the revocation goes into effect, you can avoid the revocation.

The North Carolina courts do not allow international network traffic on the online services network. If you are able to log into a Virtual Private Network (VPN) that is located inside the U.S., you should be able to access the Citation Services page directly.

If you choose to pay the citation, the website is provided as an alternative method to a payment in person or via mail. If the website is not available, it remains your responsibility to make timely payments to the courthouse or appear in court as noted in the citation. See the questions above for more information.

You may direct questions about your citation, or find other payment options, to the Clerk of Superior Court office in the county in which the citation was issued.

Driver’s licenses can be revoked for many reasons, including (among other examples) the following: a conviction for certain offenses, such as driving while impaired and excessive speeding; refusing to take a breath or blood test when arrested for driving while impaired; accumulating too many driver’s license points for traffic offenses; and failing to appear for, or failing to pay, a traffic ticket. You can read more about the revocation and restoration of driver’s licenses in the North Carolina Driver’s Handbook.

A limited driving privilege is a document signed by a judge that allows a person whose license has been suspended or revoked to drive for certain limited purposes, such as driving to and from work, or driving for emergency medical care. If a judge has issued a limited driving privilege to you, you should take care to drive within the limitations the judge has set. If you violate the conditions of the privilege, you may be charged with driving while license revoked.

Whether you are eligible to receive a limited driving privilege, and the procedures and fees that apply to the filing and issuance of the privilege, will depend on your particular situation, including the reason for your revocation. You can discuss your limited driving privilege eligibility with an attorney. For assistance in locating an attorney, see the Find an Attorney Help Topic.

Mediation is a conversation between parents that is guided by a neutral third party, or “mediator,” who works for the court. Parents meet together with the mediator to talk about child custody, share information and make decisions together to avoid having a trial. A custody case must be filed to participate in the courts’ Child Custody and Visitation Mediation Program.

Mediators are trained to help parents work through their difficulties and find the best child custody solutions for their family. This allows parents to avoid the stress, anxiety, time, and expense of going to court, and ensures that decisions about the children’s lives are made by the adults who know them best and are responsible for raising them.

Yes, in general. The parents and anyone else making a legal claim for custody of the children are required to attend unless a judge “waives” mediation, meaning that the parties are legally excused from attending. Waiver does not happen automatically. If you want mediation to be waived, you must file a Motion and Order to Waive Custody Mediation, which can be found online or in person in the Custody Mediation Office. The judge will then decide whether to waive mediation in your case. Valid reasons to waive mediation include: you live more than fifty (50) miles from the court; the other party has abused you or the children; the other party suffers from alcoholism, drug addiction or severe psychiatric or psychological problems; or you have agreed to a private mediation.

After a custody case is filed, the parties are required to attend an orientation class. After that, there will be a mediation session of up to two hours. If you need additional time, another session can be scheduled at the mediator’s discretion if the parties agree. If you reach an agreement in mediation, the mediator will prepare a written Parenting Agreement, which will be signed by the parties and a judge.

This process varies by county. A custody case must be filed to participate in the courts’ Child Custody and Visitation Mediation Program. You should ask about signing up when you file your case. If someone else files a case against you, you should receive information about your orientation class in the mail.

No. The courts provide custody mediation free of charge.

Orientation is a group class that prepares people for mediation. Orientation is usually scheduled within 30 days of the date the case is sent to the Custody Mediation Program. The other person or people involved in your case may be at the same orientation session, but you are not required to talk to each other or make decisions at orientation.

No. The mediator does not decide who is right or wrong and does not make any decisions about child custody. The mediator’s job is to guide the parents’ discussion of the children’s needs and the parents’ concerns, and to help the parents reach an agreement if possible.

No. Custody mediation is about agreeing on a solution for your case, not proving it, and you are not expected to agree about things that happened in the past. Having evidence to present to the court is important if you cannot resolve your case in mediation and your case has to be decided by a judge.

Attorneys do not attend mediation sessions through the Custody Mediation Program. However, it is recommended that anyone with a child custody or visitation case consult an attorney to learn about their legal rights and obligations, and to review the draft of the Parenting Agreement, even if the case does not go to trial.

No. Custody mediation helps parents make decisions only about child custody and visitation, not financial issues. You can file for child support through your county’s Child Support Enforcement office.

No. The discussions in mediation sessions are private. The mediator will not share information discussed in the session with others, including the judge or attorneys. This rule does not apply if the mediator has concerns about unreported child abuse, hears threats to harm someone, or witnesses a crime.

The mediator will write a draft of the Parenting Agreement and send it for review to the parties, and to their attorneys, if they are represented. If possible, parents should meet with an attorney before signing a Parenting Agreement. After the parties sign the agreement, a judge will review and sign it.

Yes. Once a judge signs it, your Parenting Agreement becomes a court order. The agreement then has the same legal effect as if the judge had decided the custody case after a trial. Once the order is signed, the parties cannot change it without additional court action. Parties can be held in contempt of court for violating the signed Parenting Agreement.

If there is no agreement in mediation, one of the parties will need to schedule the case for trial. If you have not yet hired an attorney, it is recommended that you do so. Attorneys are often able to negotiate a resolution before trial. Otherwise, a judge will hear and decide your case.

In some situations, grandparents or other third parties may file a claim for child custody. All parties to the case, including nonparents, must attend mediation. It is especially important for anyone involved in a case with a nonparent to contact an attorney for more information about their rights and obligations.

Any complaints about mediation or a specific mediator should be in writing and can be mailed to the Chief District Court Judge of the judicial district where the mediation took place.

Family law judges hear domestic and child welfare matters and receive specialized training to increase their expertise. North Carolina district courts consolidate and assign a family's legal issues before a single district court judge or team of judges. This allows judges to become familiar with and better address each family's issues, and keeps families from having to recount their history for multiple judges at each hearing. Parent education programs also may be available. Learn more.

Both parties must intend to marry, must not be currently married to anyone else, and must be able to understand their actions. Both parties must be at least 18 years old, unless specific requirements for minors are met. The parties cannot be more closely related than first cousins, and cannot be double first cousins (for instance, the children of two sisters who married two brothers). The couple must get a marriage license before their wedding.

Minors ages 16 and 17 may marry a person no more than four years older and must file with the Register of Deeds a written consent to the marriage signed by a parent with sole or joint legal custody, or by a person, agency, or institution that has legal custody of the minor or is serving as the minor’s legal guardian or a certified copy of an order issued by a district court authorizing the marriage as provided in G.S. 51-2.1.

You can find a copy of the complaint form needed to file the case here.

Minors under the age of 16 may not marry.

Couples who want to marry must obtain a marriage license before the ceremony. The marriage ceremony must be conducted by a recognized officiant. Both parties must solemnly declare their intent to marry. Following the ceremony, at least two witnesses are required to sign the marriage license.

No.

Marriage creates many legal rights and obligations, including in the areas of property, financial obligations, inheritance, taxes, and more. You should contact an attorney or tax professional with any questions.

Couples getting married in North Carolina must get a marriage license before the wedding. If your wedding will be in North Carolina, you can get a marriage license from the Register of Deeds in any county in the state. In general, both partners must visit the Register of Deeds office, though some counties allow online applications to be submitted before visiting the office to save time. Applicants for a marriage license must pay a fee and fill out a form stating their names, ages, marital status, and intention to marry.

Applicants must provide either a Social Security number or a notarized statement that the applicant is ineligible to receive a Social Security number. The Register of Deeds may require proof of age, such as a government-issued ID or birth certificate. The Register of Deeds may also require proof of divorce if either partner was previously married. Because requirements can vary, you should contact the Register of Deeds in your county with any specific questions.

The marriage license must be issued before the wedding. North Carolina has no required waiting period between the issuance of the marriage license and the wedding. A marriage license expires after 60 days if the wedding has not taken place, and applicants must apply again if the wedding does not occur within 60 days.

A wedding can be performed by a magistrate or by any minister who is ordained in a religious denomination or authorized by a church. Marriages can also be performed in the recognized manner of any religious denomination that does not use officiants, or in the recognized manner of any federally or state-recognized Native American tribe.

You should contact the magistrate’s office in your county, because availability varies by county.

No. Judges cannot perform marriages in North Carolina.

Yes. Prenuptial agreements are legal and enforceable as long as all legal requirements are met. Prenuptial agreements can be used to determine property and inheritance rights and to change or eliminate the right to spousal support if the marriage ends.

To be valid, the prenuptial agreement must be in writing and signed by both parties before the marriage. A prenuptial agreement cannot limit the child support that a child would otherwise receive.

Your employer should not penalize you for taking time off to go to court for a Domestic Violence Protective Order (DVPO). You are required to follow your employer’s usual time-off policy or procedure. If your employer requires written documentation to explain your absence, you can ask the clerk of court to provide you with a note.

A landlord cannot discriminate against a tenant because the tenant is a victim of domestic violence.

You may terminate your lease on 30 days’ notice to your landlord if you give your landlord a copy of either 1) a DVPO or 50C order that was issued after the defendant was served (this does not include an ex parte order), 2) a criminal order that prohibits the defendant from having contact with you, or 3) an Address Confidentiality Program card. You must also give your landlord a copy of a safety plan, which you can create with the help of your local domestic violence or sexual assault agency. Once you submit these documents, your landlord can charge you rent for the following 30 days, but cannot charge other fees for early termination, such as refusing to return your security deposit.

If the perpetrator is not on the lease for your home, you can request that your landlord change the locks and do not need to provide documentation of the domestic violence. The landlord is required to either change the locks or allow you to do so. If the perpetrator is on your lease, the landlord is required to change the locks if you give the landlord a copy of a DVPO or other court order requiring the perpetrator to stay away from your home. The landlord can charge you for the cost of changing the locks.

The Address Confidentiality Program is a program operated by the North Carolina Attorney General’s Office to keep the addresses of victims of domestic violence, sexual assault, and stalking out of public records. You can learn more about this program and sign up by calling (919) 716-6785 or visiting the program’s website. Your local domestic violence agency also may be able to assist you in signing up for this program.

The Victim Compensation Program is a program run by North Carolina state government to pay the medical bills and lost wages of victims resulting from crime, including domestic violence and sexual assault. You can learn more about this program and submit an application for assistance by calling (919) 733-7974 or visiting the program’s website. Your local domestic violence agency also may be able to assist you with your application.

Judges are required to consider domestic violence as a factor in child custody cases, whether or not there is a DVPO. The judge will also consider all other relevant factors in the case, including anything that affects the best interests of the child. You should consult with an attorney about your specific situation.

Eviction is a type of court case. In North Carolina, an eviction case is called “summary ejectment.” Landlords can file to legally remove a tenant rented property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply.

Landlords cannot force tenants out of their homes without going to court, for instance, by changing the locks, turning off utilities or removing the doors. Landlords may send tenants “eviction notices” warning tenants that they plan to file for eviction unless the tenant moves out first. In general, landlords are not required to send an eviction notice before filing an eviction. An eviction notice allows the tenant to choose to voluntarily move out to avoid the court process.

The landlord must file a “Complaint in Summary Ejectment” with the clerk of court. In court, the landlord must prove that grounds for eviction exist. Landlords can evict tenants under the following circumstances:

1. The tenant did not pay rent, the landlord made a demand for rent and waited 10 days, but the tenant still has not paid the rent.
2. The lease has ended, but the tenant has not moved out.
3. The tenant has violated a condition of the lease allowing for eviction. This may include failure to pay rent if the lease includes appropriate language.
4. Criminal activity has occurred for which the tenant can be held responsible.

Leases can be written or oral. However, a person allowed to live in someone else’s home without any agreement to pay rent or become a tenant is a guest. The eviction process is intended for tenants, and also gives tenants certain rights, including written notice of the claims against them and the opportunity for a hearing in which they can present a defense. Guests do not have these rights, and guests who refuse to leave the property may be removed either by the police or through a trespass warrant issued by a magistrate.

Yes. Failing to pay rent is grounds for eviction even if it is not your fault that you were unable to pay.

Evictions are not criminal and will not show up in a criminal record. However, evictions are public record, which may appear in credit reports or affect the tenant’s ability to qualify for another lease.

Tenants who live in public housing or receive subsidized housing vouchers have more rights than tenants renting from private landlords without assistance. You should seek legal assistance if you are in public housing or have a housing voucher and are being evicted, because an eviction could affect your right to receive further housing assistance.

When a landlord rents a lot to a mobile home owner and wants to end the lease, the landlord must give 60 days’ notice. However, if the tenant fails to pay rent or breaches the lease, the landlord can evict the tenant on the same timeline as any other tenant. Tenants who own their mobile homes are responsible for the cost of moving the mobile home. Local zoning regulations may also affect owners’ ability to move an old mobile home.

The landlord must have the tenant “served” with the court paperwork, either by certified mail, return receipt requested, or by paying the sheriff to deliver the paperwork. If the landlord arranges to have the sheriff serve the tenant, the sheriff must first attempt to contact the tenant to serve him or her personally. If this fails, the sheriff can serve the tenant by posting the paperwork on the door of the property. This is proper notice even if the tenant does not actually see the paperwork. However, if the tenant is served only by posting and does not appear in court, the court cannot order the tenant to pay any money, including past due rent, to the landlord.

Eviction cases are typically handled in small claims court, where they are decided by a magistrate. If either the landlord or the tenant appeals, the case will go to District Court, where there will be a new hearing before a judge.

Small claims court can be held in a courtroom or in the magistrate’s office. The magistrate will typically have many cases scheduled for the same date and time. The magistrate will first call the names of everyone with a case scheduled to find out who is in court, and will then hear the cases one at a time.

Because the landlord filed the case, the magistrate will hear from the landlord first. The tenant has the right to ask questions of the landlord and any witnesses once they have finished testifying. The magistrate will then allow the tenant to testify, call witnesses and present any other evidence, such as pictures or documents. Both landlords and tenants may hire attorneys to represent them in small claims court if they wish, but they are not required to do so.

After hearing the case, the magistrate will make a decision. The magistrate will usually announce the decision in court, but will sign a written order later. You may receive a copy in the mail, or you can get a copy of the written order from the clerk of court.

Because eviction cases are civil, not criminal, no one is arrested for failure to appear in court. If a landlord fails to appear in small claims court, the case will be dismissed. If a tenant fails to appear, the magistrate will hear the case based only on the landlord’s version of the facts. The magistrate can order an eviction in the tenant’s absence, and can order the tenant to pay money in the tenant’s absence only if the tenant was not served by posting the notice on the property.

Magistrates may grant continuances for good cause, but may not give a continuance of more than five days unless the parties agree. You should be prepared to present your case on the first court date.

Both parties have 10 days after the magistrate’s decision to appeal the case to District Court. The landlord cannot remove the tenant from the home until the appeal period has ended, whether or not the tenant appeals the case. Once the 10 days have passed, the landlord can return to court and ask the clerk for an order called a “Writ of Possession,” which allows the sheriffs to padlock the home. The sheriff’s office must then remove the tenant within 5 days. Local sheriffs’ departments will often notify tenants in advance of the date they intend to padlock the home.

No. However, the sheriffs will remove the tenants from the home and the landlord will padlock the doors or change the locks. This means that there could be a delay of hours or days before you are able to go back inside to get anything that you have left in the home.

Depending on the value of your belongings left in the home, you have 5 to 7 days after the home is padlocked to arrange with the landlord a time to remove your belongings. Landlords are only required to allow tenants one visit to the home to collect all of the property. If you leave property worth a total of $500 or less in the home, you have 5 days to retrieve it; if it is worth more than $500, you have 7 days. If you have not yet arranged to move your things in this time period, the landlord can dispose of them.

The case is scheduled for a new trial before a District Court judge in the same county. Both the landlord and tenant will have a new opportunity to testify and present evidence and witnesses, and the judge will make a new decision about whether the landlord has proven grounds to evict the tenant.

Either a landlord or a tenant can appeal an eviction decision from small claims court to District Court by filing a Notice of Appeal with the clerk of court. Many tenants also file a Petition to Appeal as an Indigent and a Bond to Stay Execution (see the next two questions).

eCourts Guide & File is available to help users prepare court documents online to file for Appeal to District Court and for Petition to Proceed as an Indigent.

In general, in order to appeal, a tenant must timely pay to the clerk of court the appeal costs. Tenants who are unable to pay can ask to be found “indigent,” which means they are not required to advance the court costs. Anyone receiving public assistance through the Supplemental Nutrition Assistance Program (SNAP or food stamps), Temporary Assistance to Needy Families (TANF or welfare) or Supplemental Security Income (SSI) is considered unable to pay. You can find the indigency form here. This should be filed with the Notice of Appeal.

eCourts Guide & File is available to help users prepare court documents online to file for Appeal to District Court and for Petition to Proceed as an Indigent.

A tenant, including an indigent tenant, must take certain actions if they wish to stay in the property pending an appeal. A tenant, who appeals a magistrate’s judgment, may stay enforcement of the judgment pending the appeal by (i) paying undisputed rent in arrears as determined by the magistrate, unless indigent, and (ii) signing and filing an undertaking “Bond to Stay Execution” with the Notice of Appeal agreeing to pay the tenant’s share of contract rent as it becomes due. In actions based upon alleged nonpayment of rent where the magistrate’s judgment is entered more than five business days before the next rent due date, a tenant is also required to pay prorated rent under the terms of the undertaking. A tenant who fails to pay rent during this time can be evicted before a judge hears the appeal.

A landlord may keep a tenant’s security deposit to cover unpaid bills such as rent, damage to the property, court costs charged to the tenant in an eviction case, costs due to the tenant’s breach of the lease, or the cost of removing and storing the tenant’s property after eviction. In order to withhold part or all of a security deposit, the landlord is required to send the tenant an initial itemized bill within 30 days and a final bill within 60 days, explaining what the deposit is being used for. The landlord can only keep the amount needed to cover actual costs. If the tenant’s forwarding address is unknown, the landlord is not required to provide an accounting but must hold any remaining money for the tenant for at least six months.

Yes. Many people, including both landlords and tenants, represent themselves in small claims court. Self-representation is less common if the case is appealed to District Court, since this is the last opportunity for a trial in the case. If you choose to represent yourself in either court, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.

Legal Aid of North Carolina is a statewide nonprofit organization that represents some tenants in their housing cases. You can apply for Legal Aid representation by calling 1-866-219-5262 or applying online.

eCourts Guide & File is available to help users prepare court documents online to file for Summary Ejectment: Complaint in Summary Ejectment, Tenant’s Answer and Counterclaims, Appeal to District Court.

You can learn more about your rights regarding housing discrimination and file a complaint here.

A foreclosure is a method of enforcing payment of a debt secured by a mortgage, deed of trust, or lien on real property by selling the real property and applying the proceeds of the sale to satisfy the debt. As a result of the foreclosure, the property owner loses all rights in the property.

A power of sale foreclosure is a contractual right under the terms of a deed of trust which gives the trustee the power to sell the real property on behalf of the lender if the borrower defaults. The procedure for power of sale foreclosure is contained in Article 2A in Chapter 45 of the North Carolina General Statutes. A power of sale foreclosure may not proceed unless authorized by a court after a hearing. A clerk of superior court in the county where the real property is located has authority to authorize or deny a power of sale foreclosure. A clerk of superior court may only hear and decide certain factual and legal issues in a power of sale foreclosure proceeding.

A foreclosure by civil action differs from a power of sale foreclosure. A foreclosure by civil action is filed in either district or superior court depending on the value of the real property subject to foreclosure. The procedure for a sale in a foreclosure by civil action is contained in Article 29A in Chapter 1 of the North Carolina General Statutes. A judge in a foreclosure by civil action has broader jurisdiction and authority than the clerk does in a power of sale foreclosure. See the Lawsuits Help Topic for more information on civil cases.

Foreclosure of a tax lien is a lawful means of collecting unpaid property taxes by a local government entity. There are two methods to foreclose a tax lien:

1. A tax lien may be foreclosed by civil action pursuant to North Carolina General Statute §105-374.
2. An in rem foreclosure is a method of foreclosing a tax lien pursuant to North Carolina General Statute §105-375.

There is no court hearing in this method of foreclosure prior to entry of a foreclosure judgment.  However, a person having an interest in the real property may appear before the clerk and move for the foreclosure judgment to be set aside on the ground that the tax has been paid or that the tax lien upon which the judgment is based is invalid. However, a person seeking to have the judgment set aside must appear before the clerk on the motion prior to execution on the judgment.

Under North Carolina law, a homeowners’ association or a condominium owners’ association may file a claim of lien on real property when a homeowner does not pay assessments as required under restrictive covenants (declaration). The procedure for filing and foreclosing a claim of lien is set forth in North Carolina General Statute §47F-3-116 for homeowners’ associations and North Carolina General Statute §47C-3-116 for condominium owners’ associations. The association, acting through the executive board, may foreclosure the claim of lien in a like manner as a mortgage or deed of trust under power of sale as provided under Art. 2 in Chapter 45 of the General Statutes. An association may also choose to foreclose a claim of lien through the foreclosure by civil action process.

A promissory note is a legal document where one party promises to pay a sum of money to another party at a fixed time, on demand, or in regular intervals. A borrower (debtor) signs a promissory note when a lender (creditor) loans money. Real property can be used as collateral to secure payment of the debt.

A deed of trust is a legal document whereby the owner of real property conveys legal title of the real property to a trustee held to secure a debt (loan) for a third party (beneficiary). The equitable title remains with the borrower or another individual or entity. Most deeds of trust in North Carolina contain “power of sale” language requiring the trustee to sell the property, on the request of the beneficiary, in the event of a default under the terms of a promissory note or deed of trust.

A holder is a person, entity, estate, trust, partnership, etc. that is (i) in possession of a note that is (ii) payable to bearer, indorsed in blank, or payable to an identifiable person that is the person in possession. See N.C. Gen. Stat. § 25-1-201(b)(21).

Under G.S. § 45-21.1(b)(2), the term mortgagee or trustee includes any person or entity exercising a power of sale pursuant to Art. 2A in G.S. Ch. 45. A mortgagor is a borrower who is obligated to pay the loan.

The trustee is a neutral third party that holds legal title to real property as security for a debt until the debt is satisfied.  If the borrower defaults under the terms of the note or deed of trust, for example stops making payments, the beneficiary under the deed of trust can ask the trustee to begin the foreclosure process. A beneficiary under a deed of trust may substitute one trustee for another by recording a document substituting the trustee with the county Register of Deeds.

A default is a borrower’s (debtor’s) failure to fulfill an obligation(s) under a promissory note, deed of trust, or homeowner’s or condominium’s association covenants, such as by failing to make required payments. A default is the trigger that allows the beneficiary under a deed of trust or a homeowner’s/condominium owner’s association to authorize a trustee to begin foreclosure proceedings.

Legal Aid of North Carolina is a statewide nonprofit organization that may be able to assist some homeowners in their foreclosure cases. You can apply for Legal Aid representation by calling 1-866-219-5262 or applying online. See the Find an Attorney Help Topic for additional organizations that represent homeowners in foreclosure and more information about finding an attorney.

No. In power of sale and civil action foreclosures, real property cannot be sold without first getting a court order permitting a sale. In many cases, lenders are required to send a pre-foreclosure notice to delinquent borrowers at least 45 days in advance of filing a foreclosure proceeding, informing them of options that may be available to help them stay in their homes. The North Carolina Housing Finance Agency administers the pre-foreclosure filing requirement through the State Home Foreclosure Prevention Project. Request system access or submit a pre-foreclosure filing using this link. Note: This response is not intended to address procedures for federal foreclosure remedies such as under the federal Single and Multi Family Mortgage Foreclosure Acts.

• Borrowers who have missed a mortgage payment or expect to miss a mortgage payment because of financial difficulties should contact their mortgage company or servicer. Borrowers may be eligible for programs designed to avoid foreclosure, such as a loan modification, forbearance, or a repayment plan.
• HUD-approved housing counseling agencies may be able to provide assistance or work with a mortgage company to obtain a loan modification. You can view a listing of HUD-approved agencies in North Carolina here.
• The State Home Foreclosure Prevention Project, administered by the North Carolina Housing Finance Agency, is also an available resource. Contact the Agency by visiting their website or their toll-free number at 1-888-442-8188 to be connected to a housing counselor.
• Borrowers and homeowners should be wary of solicitations from companies or out-of-state law firms that offer help to save a property. You can find information on scams involving foreclosure assistance from the North Carolina Department of Justice here.

A “power of sale” foreclosure is initiated when the trustee or substitute trustee files a “notice of hearing” with the clerk of superior court in the county where the subject real property is located. The matter is filed as a special proceeding. The notice provides the date, time, and location of the hearing, among other information. The notice of hearing must be served on borrowers, record property owners, and anyone else required under the deed of trust. The notice must be served in any manner provided by the Rules of Civil Procedure for services of summons, including service by the sheriff or certified mail, return receipt requested. If a party cannot be personally served, the sheriff can serve it by posting a copy of the notice in a conspicuous place and manner upon the real property.

Possibly. Borrowers may be able to negotiate a loan modification or other resolution at any time until the sale is final and keep the property. Borrowers will generally need to begin loan modification or other loss mitigation processes as early as possible to ensure time for processing. See above for resources for borrowers having difficulty paying their mortgages.

In a special proceeding, the hearing is before the clerk of superior court or an assistant clerk of superior court. If the case is appealed, it will be heard by a judge. If the case is filed as a civil action, it will be heard by a judge.

In a power of sale foreclosure, the lender must prove that it is authorized to foreclose on the real property. In order for the trustee or substitute trustee to obtain an order allowing the sale of real property, the clerk must find the existence of the following:

1. A valid debt in which the party seeking to foreclose is the holder,  
2. Default by the borrower,
3. Right of the holder to foreclose under the deed of trust,      
4. Notice of hearing to those entitled to notice,
5. That the mortgage debt is not a home loan, or if it is a home loan, that pre-foreclosure notice under G.S. 45-102 was provided in all material respects and certain statutory time periods have elapsed, and,
6. That the foreclosure is not barred under G.S. 45-21.12(A), a statute which provides protections in certain circumstances to specified military borrowers.

Evidence may include testimony of the borrowers and other witnesses, as well as written documents. In a special proceeding, the clerk of superior court may only consider evidence related to the six elements listed above, including legal defenses. This means that a borrower may argue, for instance, that the mortgage company lacks the authority to foreclose because the deed of trust does not secure the note or that the borrower is not actually in default. However, a borrower may not present equitable defenses in the special proceeding, such as that the mortgage company committed fraud or breached its contract with the borrower. In a homeowner’s or condominium owner’s association foreclosure, the homeowner may not raise equitable arguments, for instance that the association failed to fulfill its obligations to maintain the property appropriately. Equitable defenses may only be raised by filing a separate civil lawsuit to “enjoin” (stop) the sale before it becomes final. Borrowers considering potential defenses to a foreclosure should consult an attorney licensed in North Carolina.

Because foreclosure cases are civil, not criminal, no one is arrested for failure to appear in court. If the trustee or substitute fails to appear, the clerk of court may deny the request for foreclosure. If a borrower fails to appear at the hearing, the clerk of superior court may hear the case based on the evidence presented by the trustee or substitute trustee, lender’s attorney, or other witnesses. The clerk of superior court may enter an order allowing a trustee to proceed to sell the real property according to the sale procedures set forth in the North Carolina General Statutes.

Continuances, or postponements of the court date, are available under some circumstances. If the debtors occupy the real property as a principal residence, the clerk of superior court must continue a hearing for up to 60 days from the date of the original hearing date if, at the commencement of the hearing, the clerk finds there is good cause to believe that additional time or additional measures have a reasonable likelihood of resolving the delinquency without foreclosure. The clerk may also continue the foreclosure hearing at the request of either party for “good cause.”

Yes. Once an order is entered, there are 10 days in which to appeal the clerk’s decision to district or superior court. This requires filing a written notice of appeal. There is not a standard form for the notice of appeal. Borrowers or real property owners considering an appeal should consult an attorney licensed in North Carolina.

In order to prevent a foreclosure sale from moving forward while the case is on appeal, a borrower or property owner must pay a bond to the clerk of superior court. By law, if the appealing party occupies the property as a principal residence, the default bond is 1% of the principal balance due on the note, but the amount of the bond is ultimately within the clerk’s discretion. If the bond is not paid, a judge can still hear the appeal, but the trustee can proceed with a foreclosure sale before a judge decides the appeal.

If either the lender or the borrower appeals the clerk of superior court’s decision, there will be a new hearing before a district or superior court judge, who will decide whether the trustee or substitute trustee is entitled to proceed with the foreclosure. The judge is limited to hearing the same issues considered by the clerk of superior court, as listed above. A party who wishes to raise equitable arguments must file a separate lawsuit.

A date for the foreclosure sale is often, but not always, scheduled at the end of the foreclosure hearing before the clerk of superior court, if the clerk enters an order allowing the trustee to proceed with foreclosure. The notice of sale must be served according to statute and posted at the courthouse for at least 20 days before the scheduled sale date and must be advertised in a newspaper. Once scheduled, the foreclosure sale date can later be postponed or canceled by the lender. A lender may choose to postpone or cancel the sale if the borrower is actively working with the lender to save the property.

A foreclosure sale can be finalized at the conclusion of the “upset bid period.” Once the foreclosure sale is conducted, there is a 10-day period in which other bidders may place a higher bid, or “upset bid,” for the real property. Each new upset bid starts a new round of bidding, and another 10-day period begins to run from the date of the most recent upset bid. Once the 10-day period passes with no further bids, the foreclosure sale may be finalized. Borrowers may consult an attorney licensed in North Carolina about their legal options during this period.

Upon completion of the sale, the trustee or substitute trustee will transfer title or ownership of the real property to the purchaser by executing a trustee’s deed. The deed will be recorded in the county register of deeds office. The trustee or substitute trustee will file an accounting of the sale proceeds with the clerk of superior court. If a property owner does not willingly vacate the property, the new owner may take legal action though the court to obtain possession, such as applying for a court order for possession or a writ of possession. Tenants occupying the real property may have additional rights and should consult with an attorney licensed in North Carolina with any questions about what rights they may have to remain in the property. G.S. 45-21.33A sets forth the effect of foreclosure on a preexisting tenancy.