North Carolina General Statutes §1-109 authorizes the clerk of superior court or a judge, on defendant's motion and showing of good cause, to require the plaintiff to file a cost bond in the sum of two hundred dollars with sufficient surety. We write North Carolina cost bonds same-day for all 100 North Carolina counties and the three U.S. District Courts for North Carolina.
North Carolina's plaintiff cost bond statute is one of the oldest codified non-resident cost bond requirements in the United States. Under N.C. Gen. Stat. §1-109, a clerk of superior court or judge, upon motion of the defendant and showing of good cause, may require the plaintiff to file a cost bond with sufficient surety in the sum of two hundred dollars, with the condition that it will be void if the plaintiff pays the defendant all costs the defendant recovers in the action.
The $200 statutory amount is fixed by the legislature and has remained unchanged for many decades. While modest by modern standards, the §1-109 bond functions as both a security instrument and a procedural prerequisite — failure to file within the time set by the clerk or judge is grounds for dismissal.
Practice notes: §1-109 applies on defendant's motion, not automatically. The "good cause" showing is typically satisfied by demonstrating that the plaintiff is a non-resident or that the action presents heightened costs exposure. Some North Carolina courts also apply §1-110 (security for costs from indigent plaintiffs) and §6-21 (costs taxation) alongside §1-109.
North Carolina's plaintiff cost bond requirement is codified at N.C. Gen. Stat. §1-109. The bond is required on defendant's motion (in most cases) and the bond penalty is set by statute or court discretion. We underwrite to the controlling statute and draft each bond on the form the North Carolina court will accept.
North Carolina §1-109 cost bonds are the simplest court bonds in our practice. The penal sum is fixed at $200; the bond is uncollateralized; the application is a one-page form; issuance is same-day routine. We have written tens of thousands of NCGS §1-109 cost bonds for non-resident plaintiffs across all 100 North Carolina counties.
One document starts the file: the complaint or, where the §1-109 motion has been filed, the clerk's or judge's order requiring the bond. The principal's address (establishing non-residency for §1-110 purposes if applicable) is captured on the application form.
Filing is with the Clerk of Superior Court in the county where the underlying action is pending. North Carolina counties accept e-filed bonds through the Statewide Electronic Filing System (eCourts) where it has been deployed; for non-eCourts counties, bonds are filed in hard copy.
Send the complaint or the defendant's motion for cost bond. Same-day issuance for qualified files.