US Legal Forms
North Carolina Motion to Enforce Conditional Eviction Order - Notice...

North Carolina Motion to Enforce Conditional Eviction Order - Notice of Hearing

Category:

Civil Procedure - Small Claims - Evictions

State:

North Carolina

Control #:

NC-030-SC

Format:

Instant download

This website is not affiliated with any governmental entity

Public form

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Enforce Conditional Eviction Order (Notice of Hearing), is a model motion requesting the named action from the court (or a general motion form). You should adapt this form to fit your facts and circumstances. It is available for download now in standard format(s).

Notice of Hearing in Claim and Delivery

View this form

Motion to Enforce Conditional Eviction Order Notice of Hearing

View this form

Order for Eviction After Violation of Conditional Order of Eviction

View this form

Notice of Hearing

View this form

Motion to Enforce Settlement

View this form

Final Warning Before Dismissal

View this form

Sample Letter for Acknowledgment of Receip...

View this form

Quitclaim Deed (Short Form)

View this form

Proxy Statement and Prospectus with exhibi...

View this form

Balance Sheet Deposits

View this form

Warehouse and Storage Agreement

View this form

Invoice Template for Teacher

View this form

Sample Letter regarding Fiat

View this form

Warehouse Receipt for Grain

View this form

Amendment to Sales Contract

View this form

How to fill out North Carolina Motion To Enforce Conditional Eviction Order - Notice Of Hearing?

Steer clear of expensive lawyers and discover the North Carolina Motion to Enforce Conditional Eviction Order - Notice of Hearing you seek at a reasonable rate on the US Legal Forms website.

Utilize our straightforward grouping feature to search for and acquire legal and tax documents. Review their descriptions and preview them prior to downloading.

After downloading, you can fill out the North Carolina Motion to Enforce Conditional Eviction Order - Notice of Hearing either manually or using editing software. Print it out and reuse the template multiple times. Achieve more for less with US Legal Forms!

Additionally, US Legal Forms provides users with detailed instructions on how to download and complete each template.
US Legal Forms clients simply need to sign in and retrieve the specific form they require from their My documents section.
Those who don’t have a subscription yet should adhere to the guidelines listed below.
Verify that the North Carolina Motion to Enforce Conditional Eviction Order - Notice of Hearing is valid for use in your state.
If applicable, examine the description and utilize the Preview feature before downloading the document.
If you are certain the template meets your requirements, click Buy Now.
If the template is incorrect, utilize the search feature to find the appropriate one.
Next, create your account and choose a subscription plan.
Make payment via credit card or PayPal.
Choose to download the form in PDF or DOCX format.
Click on Download and locate your form in the My documents section. You can save the template to your device or print it out.

Form popularity

FAQ

A bailiff can evict your tenants if they do not leave by this date. You can apply for a warrant of possession up to 6 years after a possession order is made.

Like all public services, the bailiffs are stretched. It can take some time to be told the appointment date, and the date itself can be quite some time further in the future usually 4-6 weeks. A County Court Bailiff will then attend the property and carry out the eviction.

If you win an eviction hearing, the court will pass a judgment in your favor. This judgment allows you to get a writ of possession.Even with this winning judgment, there are cases where tenants may still refuse to leave the property. As if the hearing never happened, they continue to live in your house.

Ask the landlord to withdraw their application for the bailiffs. ask your landlord to give you any agreement made in writing. attend the court if a hearing has already been arranged.

Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they've been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice

If you do not vacate by the day in the notice, the landlord can then apply to the NSW Civil and Administrative Tribunal (NCAT) for a termination order. A termination order ends the tenancy and specifies the day by which you must give vacant possession.

If a lodger in California refuses to leave after 30 days, they can be kicked out without going through a court-ordered eviction process, because after the 30-day mark, they are officially trespassing. At this point, you could call the police.

When bailiffs can be asked to evict you The lender can ask bailiffs to carry out an eviction if the court has made: an outright order and the date for possession has passed. a suspended possession order and you break the terms of the order.

Bailiffs are only allowed to try to come into your home between 6am and 9pm.Depending on the kind of debt you owe, the bailiff will sometimes have the right to force entry by asking a locksmith to open your door if you won't let them in.

Bond

View this form

Default Judgment Certificate

View this form

Complaint for Foreclosure

View this form

Lesson, Horse Rental or Lease, and Arena Use Release - Horse Equine Forms

View this form

Quitclaim Deed from Individual to Corporation

View this form

Trusted and secure by over 3 million people of the world’s leading companies

Motion to Enforce Conditional Eviction Order - Notice of Hearing

Note: This summary is not intended to be an all inclusive discussion of the law and procedures of small claims in North Carolina, but it does contain basic and other information. This summary only discusses civil claims (property and money claims that may be filed in small claims court). Criminal charges are not discussed.

Definition -

Small claims courts, also sometimes called "Peoples Court", is a court of limited jurisdiction. Limited jurisdiction means only certain matters may be filed and heard by the small claims court. There is also a maximum claim amount limitation. Small claims court offers a quick, informal and inexpensive way of resolving many types of disputes you may have with particular individuals or companies.

Maximum Amount of Claim Small Claims Court may hear in North Carolina:

$4,000.00.

Which Court hears small claims in North Carolina?

The Superior Court of North Carolina will hear all small claims actions.

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a judgment based on the law and the facts presented.

Claims over which the Small Claims Court has Jurisdiction:

The small claims court in North Carolina may hear any of the following claims if the amount in controversy does not exceed $4,000.00:

1. monetary disputes

2. recovery of specific personal property

3. summary ejectment

4. The above list is not exhaustive but does contain most of the common claims. The following claims MAY NOT be filed in small claims court: libel, slander, professional malpractice, assigned claims, and punitive damages.

Who may file a claim in small claims court?

An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (or LLC) in small claims court if jurisdiction exists to hear the claim and the amount of the claim or property involved does not exceed $4,000.00.

Must you be represented by an attorney?

The parties may be represented by attorneys if they so choose.

Things to do before you File a Claim:

Get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a Corporation or Limited Liability Company you would use the legal corporate or LLC name as the defendant. If the defendant is a Corporation or LLC, you may need to contact the secretary of state in your state and obtain the proper name and address to serve with a copy of the suit. This person is called a registered agent and is designated by the corporation to receive process or summons when the corporation is sued. Be sure to also contact the small claims court to determine the filing fee for filing the claim.

How to File the Claim:

According to the North Carolina General Statutes Chapter 7A, Article 19, the plaintiff must file his/her complaint in a small claim action in the office of the clerk of the superior court of the county wherein the defendant, or one of the defendants resides. The designation of "Small Claim" on the face of the complaint is a request for assignment. If, pursuant to order or rule, the action is assigned to a magistrate, the clerk issues a magistrate summons substantially in the form prescribed in Article 19, Section 7A-213, as soon as practicable after the assignment is made. The issuance of a magistrate summons commences the action. After the service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff. The notice of assignment identifies the action, designates the magistrate to whom assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting.

Who serves the Defendant with summons or process and how is the defendant served:

The clerk issues a magistrate summons. The issuance of the summons commences the action. After the service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff. The notice of assignment identifies the action, designates the magistrate to whom the assignment is made, and specifies the time, date and place of trial. By any convenient means the clerk notifies the magistrate of the assignment and the setting. The defendant may be served by the sheriff or by certified mail return receipt requested.

Return of Summons:

The sheriff, constable, or other process server shall, after effecting service, endorse that fact on a copy of the summons and return it to the court clerk who will make the appropriate entry on the docket sheet of the action.

If you are the Defendant, what should you do after being served with a Statement of Claim?

Any time prior to the time set for trial, the defendant may file a written answer admitting or denying all or any of the allegations in the complaint, or pleading new matter in avoidance. No particular form is required, but it is sufficient if in a form to enable a person of common understanding to know the nature of the defense intended. A general denial of all the allegations of the complaint is permissible.

Removal to another Court:

The claim may be transferred out of small claims court if the amount in dispute exceeds the statutory limit.

How are hearings scheduled?

The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Subpoena of Witnesses:

If witnesses are required but unwilling to voluntarily attend unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing and testify. Some employers may require that an employee be subpoenaed in order to be excused from work.

Trial Procedures:

The trial procedure is generally more informal than other courts although the formality will vary from county to county and judge to judge. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed.

What happens if the defendant does not appear at trial?

Usually, if the defendant does not appear at trial, a default judgment will be entered in your favor for the amount of the claim or other relief.

Judgment:

If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal:

After judgment is entered, the losing party is entitled to appeal. The appeal will be perfected by oral announcement of appeal in open court; by filing notice of appeal in the office of the clerk of superior court within 10 days after entry of judgment; and by serving a copy of the notice of appeal on all parties.

Collection of Judgment:

Judgment may be collected by writ of execution or the issuance of a lien against the judgment debtor's property.

Other Matters:

Are Motions allowed?

Motions are allowed by the parties on a limited basis.

Continuances:

Either party may be granted a continuance for good cause shown.

Out-of-Court Settlement:

If a case is settled before the hearing date, one or both parties should notify the court clerk as soon as possible so that the hearing can be canceled.

When Payment is Received:

When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Cross-Claims, Counterclaims, and Third-Party Claims:

If the defendant wishes to file a counterclaim, the county clerk can provide the proper forms. The defendant must provide a concise statement of why the money is owed by the plaintiff. The counterclaim must be filed with the court and notice must be served on the plaintiff.

What happens if a defendant has filed bankruptcy?

If the plaintiff has filed a claim against the defendant and the plaintiff is aware that the claim is listed as a debt in a bankruptcy proceeding, federal law prohibits the plaintiff from pursuing the claim in small claims court.

Common Forms used in Small Claims Court:

Claim Statement/Complaint

Summons

Return of Summons

Answer

Subpoena

Abstract of Judgment

Statutes:

For more information concerning the Small Claims procedure in North Carolina please see the North Carolina General Statutes Chapter 7A, Article 19.

Motion to Enforce Conditional Eviction Order - Notice of Hearing

Definition -

Maximum Amount of Claim Small Claims Court may hear in North Carolina:

$4,000.00.

Which Court hears small claims in North Carolina?

The Superior Court of North Carolina will hear all small claims actions.

Who hears the claims in small claims court?

Claims over which the Small Claims Court has Jurisdiction:

The small claims court in North Carolina may hear any of the following claims if the amount in controversy does not exceed $4,000.00:

1. monetary disputes

2. recovery of specific personal property

3. summary ejectment

Who may file a claim in small claims court?

Must you be represented by an attorney?

The parties may be represented by attorneys if they so choose.

Things to do before you File a Claim:

How to File the Claim:

Who serves the Defendant with summons or process and how is the defendant served:

Return of Summons:

If you are the Defendant, what should you do after being served with a Statement of Claim?

Removal to another Court:

The claim may be transferred out of small claims court if the amount in dispute exceeds the statutory limit.

How are hearings scheduled?

The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim.

Subpoena of Witnesses:

Trial Procedures:

What happens if the defendant does not appear at trial?

Usually, if the defendant does not appear at trial, a default judgment will be entered in your favor for the amount of the claim or other relief.

Judgment:

If the defendant fails to appear, or if the court rules for you after the hearing, a judgment will be entered by the court for the amount of the claim, or other relief sought.

Appeal:

Collection of Judgment:

Judgment may be collected by writ of execution or the issuance of a lien against the judgment debtor's property.

Other Matters:

Are Motions allowed?

Motions are allowed by the parties on a limited basis.

Continuances:

Either party may be granted a continuance for good cause shown.

Out-of-Court Settlement:

If a case is settled before the hearing date, one or both parties should notify the court clerk as soon as possible so that the hearing can be canceled.

When Payment is Received:

When the judgment has been satisfied, the receiving party must send written notice to the court that the judgment has been satisfied.

Cross-Claims, Counterclaims, and Third-Party Claims:

What happens if a defendant has filed bankruptcy?

Common Forms used in Small Claims Court:

Claim Statement/Complaint

Summons

Return of Summons

Answer

Subpoena

Abstract of Judgment

Statutes:

For more information concerning the Small Claims procedure in North Carolina please see the North Carolina General Statutes Chapter 7A, Article 19.

North Carolina Motion to Enforce Conditional Eviction Order - Notice of Hearing

Description

Related forms

Viewed forms

How to fill out North Carolina Motion To Enforce Conditional Eviction Order - Notice Of Hearing?

Form popularity

FAQ

Can Bailiffs evict tenants?

How long do bailiffs take to evict a tenant?

What happens if an evicted person refuses to leave?

How do you stop a bailiff from getting evicted?

How do you kick someone out of your house that won't leave?

What happens if tenant refuses to leave after eviction notice?

How do you get someone out of your house that won't leave?

Can bailiffs force entry for eviction?

Are bailiffs allowed to force entry?

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies