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In North Carolina the eviction process is called SUMMARY EJECTMENT. The first step is to notify the tenant that he or she must move out by a specific date. This is known as the "notice to vacate". The notice may be oral or written.
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.
FEES: Filing Fee $96.00 HEARING DATE: Service Fee $30.00 for each Defendant. Summary Ejectment cases are set approximately Seven (7) days from filing. (If Criminal Activities is selected the courtdate will be set approximately Fifteen (15) days from filing.
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.
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.