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Either a landlord or a tenant can appeal an eviction decision from small claims court to District Court by filing a Notice of Appeal with the clerk of court. Many tenants also file a Petition to Appeal as an Indigent and a Bond to Stay Execution (see the next two questions).
Simply put, the Motion to Stay the Writ of Possession is a document filed with the court asking the judge to ?stay? or ?stop? the sheriff from executing the Writ of Possession and removing the resident. It can be a typed or handwritten document filed by the resident or the resident's attorney if one is retained.
Complaint for Summary Ejectment (CVM-201): This form opens an eviction case against a tenant. Summons (CVM-100): Once the Complaint has been filed, the court will produce the Summons. It states the case against the tenant and indicates the hearing date for the landlord and tenant to appear in court.
The North Carolina Office of Administrative Hearings and the Fair Housing Act prohibit landlords from discriminating against potential tenants because of their race, religion, familial status, sex, gender, etc.
There are only three things that can stop an eviction: A court order, a landlord's statement to a deputy on the padlocking date, or a dismissal that is filed with the clerk of court. An appeal does not end an eviction case. An appeal is a request for a new hearing.