How to Fill Out North Carolina Form AOC-SP-602 (w/Examples) + FAQs

North Carolina Form AOC-SP-602 is the Magistrate Summons in Summary Ejectment, the official starting document a landlord files in small claims court to begin an eviction case against a tenant in North Carolina. The form is issued under N.C. Gen. Stat. § 42-28, and it tells the tenant when and where to appear before a magistrate to answer the landlord’s complaint in summary ejectment. The most current revision date is printed in the lower-left corner of the form, and you should always verify you are using the latest version posted on the NC Judicial Branch forms page before filing.

Roughly 150,000 summary ejectment cases are filed in North Carolina each year, and a meaningful share are dismissed at first appearance because of small but fatal defects on the AOC-SP-602 itself, such as a wrong service address, a missing case number, or a hearing date set outside the statutory window under N.C. Gen. Stat. § 42-28. A clean form is the difference between getting your hearing in seven days and starting the whole eviction over.

Here is what you will learn in this guide:

  • 📄 What every box on AOC-SP-602 means and exactly how to fill it in
  • ⏱️ The deadlines, fees, and statutory rules that control the form
  • 🧑‍⚖️ Three real-world walkthroughs (landlord, tenant, and property manager)
  • 🏛️ How to file in paper counties and in eCourts/Odyssey counties
  • 🛑 The ten most common mistakes filers make and how to avoid them

What the Form Is and Who Must File It

North Carolina Form AOC-SP-602 is the Magistrate Summons issued in a summary ejectment (eviction) action, and it is paired with the Complaint in Summary Ejectment, AOC-CVM-201. The summons is the document that gives the magistrate court personal jurisdiction over the tenant, while the complaint states the legal grounds for eviction such as nonpayment of rent, holdover, or breach of a lease condition under N.C. Gen. Stat. § 42-26.

Landlords, property managers acting as authorized agents, and attorneys representing landlords are the people who file this form. A tenant does not fill out AOC-SP-602; a tenant receives it from the sheriff or by mail and must appear at the date and time printed on the face of the form.

The form is filed with the Clerk of Superior Court in the county where the rental property sits, and the magistrate then signs and issues the summons under N.C. Gen. Stat. § 7A-211. If you file in the wrong county, the case is subject to dismissal for improper venue, and you must refile in the correct county and pay the filing fee a second time.

The plain-English consequence of skipping or misfiling AOC-SP-602 is simple: without a properly issued and served magistrate summons, no eviction judgment can be entered, and the sheriff cannot lawfully padlock the unit. A common misconception is that a posted “Notice to Quit” or a 10-day demand letter is enough to evict; it is not, because only a court judgment based on a properly served AOC-SP-602 can authorize a writ of possession.


Before You Start: Documents and Information You Need

Gather the following before you sit down at the clerk’s window or open the eCourts File & Serve portal. Missing even one item can force you to come back another day, and in eviction cases another day means another week of unpaid rent.

  • Signed lease agreement. The lease proves the landlord-tenant relationship and the rent amount. Without it, the magistrate may continue the case for proof.
  • Tenant’s full legal name and any known aliases. A judgment entered against “John Smith” cannot be enforced against “Jonathan A. Smith, Jr.” if the lease shows the longer name.
  • Exact rental property address, including unit number. The sheriff serves the summons at this address, and a wrong unit number means no service.
  • Tenant’s mailing address if different from the rental. Service can be made by first-class mail in addition to posting under N.C. Gen. Stat. § 42-29.
  • Date rent was last paid and the amount currently owed. These figures populate the complaint and drive the money judgment.
  • Copy of the 10-day demand for past-due rent, if eviction is for nonpayment, as required by N.C. Gen. Stat. § 42-3.
  • Filing fee. As of 2026 the small claims filing fee in North Carolina is $96, plus $30 per defendant for sheriff’s service.
  • Photo ID for the filer. The clerk will check ID before accepting the filing in person.
  • Authorization letter or property management agreement, if a non-attorney agent is filing on behalf of an owner, as permitted by N.C. Gen. Stat. § 7A-216.
  • Bank or money-order funds. Many clerks no longer accept personal checks for filing fees.

Where to Get the Form and How to Access It

The official, fillable PDF of AOC-SP-602 lives on the NC Judicial Branch forms library. Type “AOC-SP-602” into the search bar and download the most recent revision. Always verify the revision date in the lower-left footer before you print or save.

In counties that have migrated to the eCourts Odyssey system — including Wake, Mecklenburg, Durham, Johnston, Lee, Harnett, and a growing list — the form is generated automatically inside the File & Serve portal when you initiate a Summary Ejectment case. You no longer download the PDF in those counties; instead, you fill in the data fields online and the system creates the PDF behind the scenes.

In paper counties, you can also pick up a blank AOC-SP-602 at the Clerk of Superior Court’s office in the courthouse of the county where the property is located. The clerk’s office can supply the blank form but cannot give legal advice or help you complete it.

A common misconception is that any version of the form found online is fine. It is not — the AOC updates field labels and statutory citations periodically, and clerks reject outdated forms. Using a stale version can cost you a week of rent and another $96 filing fee.


Step-by-Step: How to Fill Out AOC-SP-602 Line by Line

The form is one page front and back. Work top to bottom, and never skip a field, even fields that look optional.

Caption: County

The very top line asks which County the case is filed in.

What the field asks in plain English. The county where the rental property is physically located.

How to answer it. Type or print the county name in all capitals, no abbreviations, e.g., WAKE. Do not write “Wake Co.” or “Wake County, NC.”

Example entry. Carlos owns a duplex on Glenwood Avenue in Raleigh, so he writes WAKE.

Nuance. If the property straddles a county line, file in the county where the front door physically sits, not where the mailing address is routed.

Common mistake and consequence. Filers sometimes write the county where they live instead of where the property sits, which is improper venue under N.C. Gen. Stat. § 1-76 and forces dismissal.

Misconception. Many landlords think they can pick the more convenient courthouse. They cannot — venue in summary ejectment is mandatory.

File No.

This is the small box near the top right where the case file number is assigned.

What the field asks in plain English. The unique court-assigned number for your case.

How to answer it. Leave this blank. The clerk stamps or writes the file number when you hand in the form.

Example entry. Maria leaves this empty; the clerk later writes 26 CVM 4471.

Nuance. In eCourts counties, the system auto-generates the file number when you submit, formatted like 26CVM004471.

Common mistake and consequence. Writing your own number here causes the clerk to reject the filing because it conflicts with the docketing system.

Misconception. Some filers think the prior small claims case number can be reused; each new ejectment action gets a fresh file number.

Plaintiff (Name and Address)

The left-hand caption block asks for the Plaintiff’s full name and mailing address.

What the field asks in plain English. The landlord or owner of record.

How to answer it. Use the exact name on the deed or the LLC’s name as registered with the NC Secretary of State. Include street, city, state, ZIP.

Example entry. Glenwood Holdings, LLC, 200 Fayetteville St., Suite 300, Raleigh, NC 27601.

Nuance. If the property is owned by a trust, the trustee files in the trustee’s name “as Trustee of the [Trust Name].”

Common mistake and consequence. Filing in a personal name when title is held by an LLC is a fatal defect — the case will be dismissed for lack of standing.

Misconception. Property managers often list themselves as plaintiff. They are not the plaintiff; the owner is. The manager appears as agent under N.C. Gen. Stat. § 7A-216.

Defendant(s) (Name and Address)

The block below the plaintiff asks for the Defendant(s)’ name(s) and address.

What the field asks in plain English. The tenant or tenants you want to evict.

How to answer it. List every adult on the lease by full legal name, one per line. Use the rental property address as the service address.

Example entry. Aisha M. Johnson and Marcus L. Johnson, 412 Glenwood Ave., Apt. 2B, Raleigh, NC 27603.

Nuance. “And all other occupants” can be added after the named defendants to capture unauthorized occupants under N.C. Gen. Stat. § 42-25.6.

Common mistake and consequence. Listing only one spouse when both signed the lease produces a judgment that cannot be enforced against the unnamed spouse, who can then re-enter the unit.

Misconception. Filers think nicknames are fine. They are not — “Bubba Johnson” will not match Marcus L. Johnson on the sheriff’s return.

Telephone No. of Plaintiff

A small line for the Plaintiff’s telephone number.

What the field asks in plain English. A working callback number for the landlord.

How to answer it. Format as (919) 555-1212. Use the number you actually answer during business hours.

Example entry. Carlos writes (919) 555-0144.

Nuance. A property manager can list the management company’s main line, but the magistrate may call to confirm authority on the day of hearing.

Common mistake and consequence. Listing a disconnected number prevents the clerk from reaching you about service problems and can delay the hearing.

Misconception. Some think this field is optional. The current revision treats it as required for case management.

Date of Issuance

The magistrate or clerk fills in the Date of Issuance, which is the date the summons is signed and put into the sheriff’s hands.

What the field asks in plain English. The day the court officially issues the summons.

How to answer it. Leave blank. The clerk dates it on filing.

Example entry. Clerk writes 05/25/2026.

Nuance. The hearing must be set not less than seven and not more than thirty days after issuance under N.C. Gen. Stat. § 42-28.

Common mistake and consequence. Pre-dating this field causes the sheriff to miscount the service window, and the case is continued.

Misconception. It is not the date you delivered papers to the clerk; it is the date the magistrate signs.

Date, Time, and Location of Hearing

This is the most error-prone block on the form: the hearing date, time, and courtroom.

What the field asks in plain English. When and where the tenant must appear.

How to answer it. Use MM/DD/YYYY and a 12-hour clock with AM/PM. The clerk usually fills this in based on the magistrate’s calendar; in eCourts the system auto-assigns.

Example entry. 06/03/2026 at 9:30 AM, Wake County Courthouse, Courtroom 3D, 316 Fayetteville St., Raleigh, NC 27601.

Nuance. Counties with high volume run dedicated “rent court” calendars; ask the clerk for the next available rent court date to avoid a generic small claims slot.

Common mistake and consequence. A hearing set on day 6 after issuance violates the seven-day minimum and the magistrate will dismiss without prejudice, costing you another filing fee.

Misconception. Many landlords think they can pick the date. The clerk picks it from the next available magistrate calendar slot.

Grounds for Summary Ejectment (Checkboxes)

A series of checkboxes identifies the legal basis for eviction.

What the field asks in plain English. Why you are evicting the tenant.

How to answer it. Check all that apply: nonpayment of rent, holding over after lease end, breach of lease condition, or criminal activity. Each box maps to a subsection of N.C. Gen. Stat. § 42-26.

Example entry. Maria checks Nonpayment of rent and Breach of condition of lease for which reentry is specified.

Nuance. Checking nonpayment requires that you sent the 10-day demand under § 42-3; without it, the case is dismissed.

Common mistake and consequence. Checking every box “to be safe” can backfire — you must prove every checked ground, and failing one can sink the case.

Misconception. Filers think holdover and breach are the same. They are not — holdover applies only after the lease term ends.

Amount of Rent in Arrears

A line for the dollar amount of rent owed.

What the field asks in plain English. Total back rent due as of the filing date.

How to answer it. Enter a precise figure including cents, e.g., $2,450.00. Do not round.

Example entry. Janet writes $1,825.00 representing two months of $900 plus $25 in late fees authorized by the lease.

Nuance. Late fees are recoverable only if the lease specifically allows them and they comply with N.C. Gen. Stat. § 42-46, which caps them at 5% of the monthly rent or $15, whichever is greater.

Common mistake and consequence. Inflating the figure with unauthorized fees gives the tenant a complete defense and can reduce or eliminate the money judgment.

Misconception. Filers think utilities can be lumped in here. They cannot, unless the lease defines them as additional rent.

Description of the Premises

A short line describing the rental property.

What the field asks in plain English. A specific description of the unit you want back.

How to answer it. Use the full street address plus a unit identifier, plus a brief descriptor like single-family home or 2-bedroom apartment.

Example entry. 412 Glenwood Ave., Apt. 2B, Raleigh, NC 27603, a 2-bedroom apartment in a 12-unit building.

Nuance. For mobile home lot rentals, describe the lot number and the park name; the home itself is not always part of the eviction.

Common mistake and consequence. A vague description (“my rental in Raleigh”) prevents the sheriff from executing a writ of possession.

Misconception. Some filers think the parcel ID is required. It is not — the street address controls.

Verification and Signature of Plaintiff

The plaintiff’s signature block at the bottom of the complaint side, sworn before the clerk or a notary.

What the field asks in plain English. Your sworn statement that the facts are true.

How to answer it. Sign in front of the clerk or a notary; print your name underneath; date it the same day.

Example entry. Carlos signs Carlos Rivera, Member-Manager, Glenwood Holdings, LLC and dates it 05/25/2026.

Nuance. Property managers must sign as “agent for owner” and attach the management agreement.

Common mistake and consequence. Signing before reaching the clerk’s window means the verification is invalid and the form must be redone.

Misconception. People assume any notary works. The clerk’s office will notarize for free during the filing transaction.

Magistrate / Assistant CSC Signature

The court official’s signature block that issues the summons.

What the field asks in plain English. The judge’s signature that brings the summons to life.

How to answer it. Leave blank — the magistrate or Assistant Clerk of Superior Court signs after you pay the fee.

Example entry. Magistrate Hon. P. Daniels signs and dates 05/25/2026.

Nuance. In eCourts counties the signature is an electronic seal applied automatically when the clerk accepts the filing.

Common mistake and consequence. Filers who try to print and serve before the magistrate signs are serving a void document, and any judgment is unenforceable.

Misconception. A clerk’s stamp alone is not enough; the form requires either a magistrate or Assistant CSC signature under § 7A-211.

Return of Service (Reverse Side)

The back of the form contains the sheriff’s Return of Service.

What the field asks in plain English. Proof that the tenant received the summons.

How to answer it. Leave the entire reverse blank — the sheriff fills it in after attempting service under N.C. Gen. Stat. § 42-29.

Example entry. Deputy writes Posted on premises and mailed first-class on 05/27/2026.

Nuance. Service by posting plus first-class mail is allowed in summary ejectment after one personal-service attempt fails, a relaxed standard unique to evictions.

Common mistake and consequence. Landlords who try to serve the tenant themselves invalidate service entirely; only the sheriff or a person authorized under Rule 4 may serve.

Misconception. Many landlords believe certified mail by the landlord is enough. It is not in summary ejectment cases.


Three Filled-Out Examples Using Real Scenarios

Scenario 1: Carlos, a Small Landlord Filing for Nonpayment

Carlos owns a duplex through Glenwood Holdings, LLC and his tenant Aisha is two months behind. He sent a 10-day demand letter on May 12, 2026.

Form Section What Carlos Enters
County WAKE
File No. (left blank for clerk)
Plaintiff Glenwood Holdings, LLC, 200 Fayetteville St., Suite 300, Raleigh, NC 27601
Defendant Aisha M. Johnson, 412 Glenwood Ave., Apt. 2B, Raleigh, NC 27603
Plaintiff phone (919) 555-0144
Grounds ☒ Nonpayment of rent
Rent in arrears $1,800.00
Description of premises 412 Glenwood Ave., Apt. 2B, Raleigh, NC 27603, 2-bedroom apartment
Verification signature Carlos Rivera, Member-Manager, dated 05/25/2026
Hearing date (clerk-set) 06/03/2026 at 9:30 AM, Courtroom 3D

Scenario 2: Janet, a Property Manager Filing for Holdover

Janet manages a 40-unit building and tenant Marcus stayed past his lease end on April 30, 2026.

Form Section What Janet Enters
County MECKLENBURG
Plaintiff Queen City Apartments, LP, by Janet Pierce, Authorized Agent
Defendant Marcus L. Thompson and all other occupants, 950 South Blvd., Apt. 410, Charlotte, NC 28203
Plaintiff phone (704) 555-2200
Grounds ☒ Holding over after end of lease term
Rent in arrears $0.00 (holdover only)
Description of premises 950 South Blvd., Apt. 410, Charlotte, NC 28203, 1-bedroom apartment
Attachment Property management agreement and expired lease
Verification signature Janet Pierce, Agent, dated 05/25/2026
Hearing date 06/05/2026 at 1:30 PM, Mecklenburg County Courthouse

Scenario 3: Priya, an Attorney Filing for Lease Breach

Priya represents a homeowner whose tenant has been running an unlicensed daycare in violation of the lease.

Form Section What Priya Enters
County DURHAM
Plaintiff David Okafor, 1100 W. Main St., Durham, NC 27701
Defendant Lisa Nguyen, 1100 W. Main St., Durham, NC 27701
Plaintiff phone (919) 555-7788 (attorney’s number)
Grounds ☒ Breach of condition of lease for which reentry is specified
Rent in arrears $0.00
Description of premises 1100 W. Main St., Durham, NC 27701, single-family home
Attachment Lease excerpt showing reentry clause; photographs
Verification signature David Okafor by counsel Priya Patel, NC Bar No. 56123, dated 05/25/2026
Hearing date 06/04/2026 at 10:00 AM, Durham County Justice Center

How to File the Completed Form

You can file AOC-SP-602 four ways depending on the county.

In person at the Clerk of Superior Court. Bring three copies (one for the court, one for the sheriff, one for your records) and the $96 filing fee plus $30 per defendant for sheriff’s service. The clerk accepts cash, money order, or sometimes debit card. Keep the file-stamped copy as your proof of filing.

By mail. Mail the original AOC-SP-602, the AOC-CVM-201 complaint, and a check or money order to the Clerk of Superior Court at the county courthouse. Include a self-addressed stamped envelope so the clerk can mail you a file-stamped copy. Processing time is two to five business days, which can be too slow for an urgent eviction.

Through eCourts File & Serve. In Odyssey counties, log in to the File & Serve portal, choose Initiate New Case, select Summary Ejectment, and complete the data fields. Pay by credit card or e-check. Filing is typically accepted within hours, and the system emails the file-stamped PDF as proof.

By fax or drop box. A handful of rural counties still allow fax filing or after-hours drop boxes for AOC forms; call the clerk first to confirm. Fax filings still require the original to be mailed within 7 days under local rules.

A common misconception is that paying the filing fee guarantees service. It does not — the $30 per-defendant sheriff’s fee is separate, and forgetting it means your summons sits in the clerk’s office un-served.


What Happens After You File

After filing, the sheriff has roughly 5 days to serve the tenant before the hearing. Service is accomplished by personal delivery, by leaving the summons with a person of suitable age at the dwelling, or by posting on the door plus first-class mail under § 42-29.

The hearing happens 7 to 30 days after issuance. Both sides appear before a magistrate, present evidence, and the magistrate rules from the bench. If the landlord wins, the magistrate signs a Judgment in Action for Summary Ejectment, AOC-CVM-401.

The tenant has 10 days to appeal the magistrate’s judgment to district court under N.C. Gen. Stat. § 7A-228, and they must post a bond covering rent during appeal under § 42-34. If no appeal is filed, the landlord can request a Writ of Possession, AOC-CVM-410, and the sheriff padlocks the unit, usually within 5 to 7 days.

A common misconception is that the landlord can change the locks after winning. They cannot — only the sheriff executing a writ may remove the tenant, and self-help eviction can trigger damages under § 42-25.9.


Mistakes to Avoid When Filling Out the Form

  • Filing in the wrong county. Venue is mandatory and the case will be dismissed.
  • Listing only one tenant when multiple signed the lease. The unnamed tenant cannot be removed.
  • Skipping the 10-day rent demand before checking nonpayment. The magistrate will dismiss for failure to comply with § 42-3.
  • Pre-dating the verification signature. The clerk will refuse to accept the form.
  • Using an outdated revision of AOC-SP-602. Clerks reject stale forms.
  • Inflating rent owed with unauthorized late fees. This gives the tenant a defense.
  • Self-serving the summons. Service is void and the case dies.
  • Filing in a personal name when the LLC owns the property. Standing fails.
  • Forgetting the $30 per-defendant sheriff fee. The summons never gets served.
  • Setting a hearing fewer than 7 days out. It violates § 42-28 and the case is dismissed.
  • Vague property descriptions. The sheriff cannot enforce a writ.
  • Failing to attach the management agreement when an agent signs.

Do’s and Don’ts

Do’s

  • Do verify the form revision date in the footer before printing, because using the latest revision avoids clerk rejection.
  • Do keep at least three copies of every page, since the court, the sheriff, and your records each need one.
  • Do sign the verification only in front of the clerk or notary, because pre-signed verifications are invalid.
  • Do include “and all other occupants” after the named tenants when unauthorized people may be living there, to make the writ enforceable against everyone.
  • Do confirm the property address with the tax record, since address mismatches stop sheriff service.
  • Do file early in the morning so the sheriff can attempt service the same day.

Don’ts

  • Don’t check eviction grounds you cannot prove, because each checked box becomes an issue you must win.
  • Don’t add utilities to the rent-arrears figure unless the lease defines them as additional rent.
  • Don’t try to serve the tenant yourself, since landlord service is not authorized in summary ejectment.
  • Don’t change the locks after winning the magistrate hearing, because only the sheriff with a writ may remove the tenant.
  • Don’t combine multiple rental units in one AOC-SP-602; each unit needs its own action.
  • Don’t skip the 10-day demand for past-due rent, because the case will be dismissed without it.

Pros and Cons of Filing on Your Own vs. With Help

Pros of filing pro se

  • Lower cost — you pay only the $96 filing fee instead of attorney fees.
  • Speed — you control your own calendar and can file the same day.
  • Simplicity — most nonpayment cases are routine and decided in under 10 minutes.
  • Direct knowledge — you know the facts better than anyone.
  • eCourts accessibility — the File & Serve portal walks pro se filers through each field.

Cons of filing pro se

  • Procedural traps — venue, service, and demand rules are easy to miss.
  • No legal advice from clerks — the clerk cannot answer “did I do it right?”
  • Tenant defenses you may not anticipate, like retaliation under § 42-37.1.
  • Appeal exposure — a tenant appeal moves to district court, where the rules of civil procedure apply in full.
  • Emotional cost — facing a tenant in open court can derail an unprepared landlord.

Filing Channels at a Glance

Channel Key Details
In person $96 filing fee plus $30 per defendant; cash or money order; same-day acceptance
By mail 2–5 business day processing; include SASE for file-stamped copy
eCourts File & Serve Available in Odyssey counties; pay by card; near-instant acceptance
Fax / drop box Limited counties; original must follow within 7 days

FAQs

Do I file AOC-SP-602 in the county where I live or where the property is located?

No. Venue under N.C. Gen. Stat. § 1-76 requires filing in the county where the rental property sits, not where the landlord lives or the LLC is registered.

Can a property manager sign the verification on AOC-SP-602?

Yes. A non-attorney property manager may sign as authorized agent under § 7A-216, but they must attach the written management agreement to the filing.

Do I write the file number in the top-right box myself?

No. Leave the File No. box blank; the clerk assigns and stamps the case number when the filing is accepted at the counter or in eCourts.

Can I list “John Doe” if I do not know the tenant’s full legal name?

No. A judgment against an unidentified defendant is unenforceable; pull the lease and use the exact full legal name as signed.

Is the 10-day demand letter required before checking the nonpayment box?

Yes. N.C. Gen. Stat. § 42-3 requires the demand for nonpayment ejectment, and the magistrate will dismiss the case if you skip it.

Can I check more than one ground for eviction on the form?

Yes. You may check multiple boxes, but you must be ready to prove every ground at the hearing or risk losing the entire case.

How much rent can I list as in arrears in the rent box?

Yes, you can list past-due rent and lease-authorized late fees capped by § 42-46, but not utilities unless the lease defines them as additional rent.

Do I have to use the most recent revision of AOC-SP-602?

Yes. Clerks routinely reject outdated revisions; always download the current PDF from the NC Judicial Branch forms page before filing.

Can I serve the summons on the tenant myself to save the $30 fee?

No. Only the sheriff or a person authorized under Rule 4 may serve, and self-service voids the case entirely.

Is the hearing date something I get to choose?

No. The clerk assigns the hearing from the magistrate’s calendar between days 7 and 30 after issuance under § 42-28.

Can the tenant appeal a magistrate’s judgment based on AOC-SP-602?

Yes. Either side has 10 days to appeal to district court under § 7A-228, and the tenant must post a rent bond under § 42-34 to stay execution.

Can I file AOC-SP-602 online from my phone?

Yes, in counties on eCourts you can file from any device through File & Serve, but counties not yet migrated still require paper or mail filing.

What goes in the “Description of the Premises” if it is a mobile home lot?

Yes, you describe the lot — write the lot number, the park name, and the park address, and clarify whether the action seeks the lot only or the home plus the lot.

Can I amend AOC-SP-602 after I file it if I made a mistake?

No. Once issued, the form generally cannot be amended; you must voluntarily dismiss and refile, paying the $96 fee a second time.