Wrongful Possession Meaning In Mecklenburg
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If a resident or their lawyer wishes to prevent the sheriff from executing the Writ of Possession and displacing them, they can do so by filing a Motion to Stay the Writ of Possession. This document is also called a stay writ.
But, first, you may file a Motion to Vacate to set-aside the writ of possession. If you have already repaid the delinquentrent or the landlord hasn't served an appropriate eviction summons, then filing a Motion to Dismiss can effectively terminate an eviction process.
(See below: “How do I get a stay of the writ of restitution?”) To have the judgment removed from your case, you need to file a Motion to Vacate Default Judgment with an Answer. missed your court hearing. Unless you have a stay, you can be evicted even if you file a Motion to Vacate Default Judgment.
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.
You could request the sheriff halt removal by filing an emergency stay of the writ and new motion to dismiss. This demands even stronger proof that issues are resolved and your prior actions seeking eviction were erroneous or no longer necessary. Having the tenant also agree dismissal is proper greatly helps.
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).
Residential housing disputes often involve complex legal procedures, and one such tool residents may use in North Carolina is the “Motion to Stay a Writ of Possession.” This legal tactic allows residents to temporarily halt an eviction process after a final judgment has been issued in favor of the housing provider.
Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.
North Carolina Eviction Time Estimates ActionDuration Eviction notice period 10 days Service of summons by sheriff Within 5 days of issuance, but at least two days prior to the hearing Maximum continuance 5 days Tenant answer period (District court) 20 days5 more rows •
Yes. Even if a tenant misses a court date or loses in small claim court, the tenant may appeal the eviction order. Tenants who file an appeal will get a new trial in district court in front of a different judge.