Civil matters are filed in one of three court divisions depending on the relief being sought: Small Claims Court; District Court; and Superior Court. Small Claim courts are located on the 3^rd floor M1, M2, and M3, District Court is located on the 6^th floor, and Superior Court is located on the 7^th floor of the Durham County Courthouse.

IMPORTANT! The Clerk of Superior Court and staff are specifically prohibited by law from giving you legal advice.

As of October 1, 1999, federal and state laws require all child support payments to be sent to a centralized collection and distribution unit, not to the Clerks of Court.

IMPORTANT! The Durham County Clerk's Office CANNOT accept your payment and any payments received by mail will be returned to you. This will result in a delay in child support being sent to the children, and may also result in you or your company being brought before the Court to explain your non-compliance with the law.

All payments must be made payable to North Carolina Child Support Centralized Collections. The addresses for the centralized collection and disbursement unit for North Carolina are listed below.

Parents

NC Child Support Centralized Collections

P.O. Box 900006

Raleigh, NC 27675-9006

Employers

NC Child Support Centralized Collections

P.O. Box 900012

Raleigh, NC 27675-9012

1-877-531-1818 (toll-free)

1-800-735-2692 (TTY)

Durham County Clerk's Office CANNOT inform you of child support court dates. These calendars are maintained by the Durham County Child Support Enforcement Agency. To obtain this information please contact their office by calling (919)-560-8930.

Our cashiers receive all monies that come through the clerk’s office and process these through the Financial Management System (FMS) application. Bookkeeping clerks receive, invest, and disburse funds collected from court-related activity.

For example, if a defendant is ordered to pay the cost of court, fines, restitution, and possibly of probation supervision fees, it is the bookkeeper’s responsibility to make sure that the money is distributed properly, the defendant gets proper credit, and the distribution is done according to the priorities established.

Family Court 6^th Floor

Family court is intended to consolidate and assign a family's legal issues before a single district court judge or team of judges who implement policies that promote prompt and just resolution of family law issues. Parent education programs may also be available.

ALL JUVENILE RECORDS ARE CONFIDENTIAL

A major goal of family court is to consolidate and assign a family's legal issues before a single district court judge or team of judges. Parent education programs also may be available. Together, the dedicated family court judges and staff implement policies that promote prompt and just resolution of family law issues.

Juvenile court is the court system that handles complaints against children who are alleged to be delinquent or undisciplined. When children engage in conduct that would be considered a crime if committed by an adult, the behavior is referred to as a “delinquent act.”

When they engage in conduct that is inappropriate for minors but does not amount to a crime, such as running away from home or skipping school, they are considered to be “undisciplined.” Juvenile courts can adjudicate children as being delinquent or undisciplined and impose consequences that seek to rehabilitate rather than punish them.

The proceedings are intended to be more informal and protective than a criminal trial. Thus, an adjudication that a juvenile is delinquent or undisciplined is not a public record and may not be disclosed to the public without a court order.

For more information about Juvenile Court regarding complaints against Juveniles, see the Juvenile FAQ

“Juvenile court” also can refer to the court that handles child welfare cases.

For more information about child welfare cases, see the AND (Abuse, Neglect, and Dependency) FAQ. 

For more information on Custody matters, click here for Custody FAQ

Absolute Divorces

The filing fee for an absolute divorce is $225.00. Service of the summons and complaint must be made on your spouse – the Sheriff's service fee is $30.00.

Pro Se applicants for absolute divorce can get more information and forms associated with the divorce process at nccourts.gov (go to the Durham County Section on the website)

Find Divorce Forms

Resuming a Prior Name or Maiden Name

Once you have a divorce judgment, you may resume your maiden name through the Clerk's Office for a fee of $10.

Additionally, you may resume the name of a prior deceased husband or previously divorced husband (if you have children with that husband's surname) by using the same forms that are located in the Civil Division of the Clerk's Office. You will need a copy of the divorce or death certificate to attach to the application forms. If the divorce or death occurred in another state you will need to attach a certified copy of the divorce judgment or death certificate to your request.

NOTICE: If requests are mailed in please have signatures notarized

For more information on Divorce matters, click here for Divorce FAQ

Examples, Filing Fees, and Forms for Small Claims Actions.

Small Claims

Small Claims are civil matters involving less than $10,000 in controversy and which are heard by a magistrate. Small Claims actions must be filed in the county where the defendant resides. Small Claims Landlord-Tenant Disputes actions are usually heard 7 to 10 business days from the filing of the action and Money Owed cases are heard 10 business days from the filing of the actions.

Examples of Small Claims Actions

Landlord-Tenant Disputes

Complaints for Money Owed

Complaints Seeking the Recovery of Personal Property 

NOTE: If you are filing your Small Claim by mail, make sure to include two separate checks to cover these fees:

Fees & Forms

Small Claims Statutory Filing Fee

$96.00

Sheriff's Service Fee

$30.00 per defendant

Find Small Claims Forms

District Court

District Court has jurisdiction over actions appealed from Small Claims Court; domestic / family law cases; and actions seeking $25,000 in money damages or less.

Superior Court

Superior Court has jurisdiction over matters appealed from the Clerk of Court—except in adoption cases—and actions seeking more than $25,000 in monetary damages.

NOTE: Unlike Small Claims matters no forms are available for filing a civil action in District or Superior Court, and the legal process is much more formal. You are advised to consult with a qualified attorney for actions in these courts.

Fees

District Court Filing

$150.00

Superior Court Filing

$200.00

Sheriff's Service (per defendant)

$30.00

Any interested party may come to Civil Filing on the 1st floor Rm# 1500 of the Durham County Courthouse to file an upset bid. The bid must be raised by 5% percent or $750 (whichever is greater) which must be deposited with the Clerk of Superior Court. The deposit will be required in the form of a certified check, money order, or cash.

After a new bid is filed, a new ten-day upset bid period begins. When no further upset bids are filed in the ten days the property will then be considered legally sold to the highest bidding party. If the highest bidding party defaults on the bid, they may lose some or all of their deposit and a new sale will begin.

IMPORTANT! Information contained herein is not intended as legal advice.

The Clerk of the Superior Court and staff are specifically prohibited by law from giving legal advice.

A foreclosure is a judicial proceeding; therefore, you should contact an attorney for specific advice

Collection of Judgment

Typically, a judgment is enforced by having the Clerk issue a Writ of Execution - an order commanding the Sheriff to seize and sell the defendant's property to satisfy your judgment. Before a Writ of Execution is issued on an individual you must issue a Notice of Right to Have Exemptions Designated along with a Motion to Claim Exempt Property.

There is a $25 fee made payable to the Clerk of Court for the issuance of an Execution. In addition, a $30 fee, made payable to the Durham County Sheriff's Office, is required to process service on the request. You may go through the execution process as many times as you like during the 10-year life of the judgment.

Foreign Judgments

A foreign judgment is a process by which a judgment from another jurisdiction, such as another state, county, or federal court, is placed on record in Durham County to collect on the said judgment. To become effective, the party filing the judgment must notify the defendant of the filing and inform them that they have thirty (30) days to file any objections.

Civil Judgments

A civil judgment for money is valid for 10 years and may be extended by the creditor for an additional 10-year period. Typically, a civil judgment is picked up by the various credit reporting agencies that the court records daily. Once noted on a credit report a civil judgment may seriously impair a debtor's ability to receive loans and other credit.

The judgment creditor (party awarded the judgment) may also have a Writ of Execution issued by the Clerk, ordering the Sheriff to collect the judgment from the debtor. If the debtor does not pay the Sheriff, the Sheriff may seize and sell any available property in order to satisfy the judgment. Judgment collection procedures are discussed below.

A civil judgment acts as a lien against all real property owned by the defendant and will attach to all real property acquired in the future, for as long as the judgment is valid.

Many liens are also filed in the Clerk's Office, including State and Federal tax liens, Employment Security Liens, and Material men's Liens.

If you are a General Contractor or Subcontractor and have not been paid on a project, you may be able to file a Claim of Lien in our office for a nominal fee. There are no forms available for Claims of Lien — it is recommended that you consult with an attorney to advise you whether a Claim of Lien should be filed, and if so, to draft this document for you. The Clerk's staff cannot advise you about your legal rights. 

Payment In-Person

You may pay a judgment by making your payment at the Clerk's Office. To completely pay a judgment into the Clerk's Office, you must pay the total amount owed, including court costs and interest.

To make payment on a judgment into the Clerk's Office, you must pay in cash or certified funds. All payments received are mailed to the plaintiff and credited against the judgment.

Please contact the attorney of record and/or the creditor for pay-off amounts.

Payment by Mail

To mail your payment on a judgment please send us a letter with the file number and case caption of the judgment you are paying, as well as your full name, address, and telephone number. Clearly indicate in your letter that you wish to pay a civil judgment. If you would like a receipt from our office, please request one in your letter and enclose a self-addressed, stamped envelope for its return.

Judgment Creditor's Duty to Cancel & Credit Judgments

If you are a judgment creditor (person who was awarded a judgment) and have received payments from the defendant, those payments MUST be reflected on the judgment in our office. Credits and cancellations of a judgment should be made immediately but in no event later than 60 days from receiving the payment.

IMPORTANT! Your failure to notify the Clerk's Office of payments on a judgment may make you liable for the defendant's damages, attorney's fees, and you may also be fined by the court.

To notify our office of a payment on a judgment you or your attorney of record may visit in person with a valid photo ID to have one of our staff credit or cancel the judgment.

If you would prefer to do this by mail, you may send us a signed and notarized Notice of Credit or Notice of Cancellation to:

Clerk of Superior Court

Attention: Civil Judgments

510 S. Dillard St.

Durham, NC 27701

NOTE: Remember to have the file number and case caption on the Notice—otherwise, we will have to return it to you for correction.