In North Carolina Small Claims Court, a party is not required to file a counterclaim, even if it has one. So for example, if you are suing a company for a breach of warranty, and you still owe money on your purchase, that company does not have to counterclaim against you for the balance in a small claims action. It can wait to file a separate suit.
North Carolina General Statutes section 7A-219 provides that "f
For small claims actions in North Carolina, the "compulsory counterclaim" rule does not apply.