Writ Of Possession North Carolina With Tenants

State:
North Carolina
Control #:
NC-CV-401
Format:
PDF
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Writ Of Possession Real Property: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriff's office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.

If the tenant does not appeal during this time or the appeal bond is unpaid, the landlord will receive ?writ of possession? (order to remove tenant) 11 days after small claims court. 6. The Sheriff will ?execute? the order within 5 days of receiving it but will give the tenant some advance notice.

File the Motion with the Clerk of the County Court at the Court where the case was filed. You must also hand-deliver a copy of the Motion to the Judge assigned to your case. If you do not know who the Judge is in your case or the Court, call Court Docketing at 305-275-1155. Give them your case number.

Eviction Process in North Carolina Serve the notice. A notice of eviction is a common requirement among all states, as citizens should be given due process. ... File a complaint. Know the appropriate justice court where you should file your Summary Eviction complaint. ... Serve the summary eviction. ... Eviction trial. ... Eviction.

Once the 10 days have passed, the landlord can return to court and ask the clerk for an order called a ?Writ of Possession,? which allows the sheriffs to padlock the home. The sheriff's office must then remove the tenant within 5 days.

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Writ Of Possession North Carolina With Tenants