Are you having problems with getting a Fortnite refund? Did your Unreal Tournament equipment fail you?  If so, you're probably looking for a refund from Epic Games. 

Epic Games, Inc., is an American digital games maker headquartered in Cary, North Carolina, with offices worldwide. It is located in Wake and Chatham counties.  

If you search for "refund" on Epic's home page, you will receive four pages of hits, varying by game and by method of purchase.  Most of the time, it appears that you need a Return Ticket. Also, it appears that gifts are generally not refundable.  

You should know that there is an ongoing class action suit about Epic refunds, but the current online process reflects the changes Epic has made to allow easier refunds.  Like many games, Epic now allows point-and-click refunds if done relatively promptly.  That said, if you aren't satisfied with the current procedures or have a case that doesn't fit the fact patterns, you may want to sue Epic Games in small claims court.

North Carolina Small Claims Courts

In North Carolina, small claims courts are part of the district court division of the state courts. Magistrates decide which cases are heard, and the maximum you can sue for has recently changed to $10,000. Most cases are heard within 30 days of filing. You must file your case in the county where you or Epic "reside." A corporation resides, among other meanings, where it is headquartered, which means you might want to sue in Wake or Chatham Counties, as applicable.

Online Filing Process

North Carolina now allows for online preparation and filing of your small claims court documents. You begin by answering questions about your case.  The system then takes those answers and prepares the appropriate documents for your case.  You can then file them with the court clerk in the appropriate county.

Once you have the documents prepared, you need to file them with the court clerk:

  • Three copies of the complaint
  • Three copies of the magistrate summons.  
  • Affidavit stating whether the defendant is in the military; Epic is not.
  • Filing fee of $96.

Once you file, you can serve Epic with the summons and complain by certified mail or bias the sheriff for $30.  The court may order the defendant to pay your court costs if you win.

Court Process

The hearing will be within 30 days of filing, and you may but are not required to have an attorney. The hearing date will be on the forms filed with Epic.  If Epic does not appear, the magistrate can decide the case without them.  You must file a voluntary dismissal if you settle before the court date, you must file a voluntary dismissal. 

If the case goes to a hearing, you will present your case, and Epic will follow.  You may present evidence and witnesses and question one another's witnesses.  After all the testimony and evidence, the magistrate may announce a decision immediately.  

Appeals

The losing party can file an appeal for a jury or bench trial.  Notice of appeal can be given orally to the magistrate or by filing written notice within ten days. The party appealing must serve the other party and pay the costs of the appeal.  The appeal will be heard in district court.  

Collecting on Your Judgment

If you win, you still have to get your money.  Epic may pay you, or you may agree on payment terms.  If not, you can ask the clerk to issue a writ of execution and enforce it on Epic.  Payments should be made through the clerk of the superior court to ensure that the court knows payment was made.  If Epic pays you directly, you should file a certificate of payment with the court.  

One Last Thing

There is an ongoing class action suit. You can find it online and determine whether you want to join.