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To obtain a writ of possession in North Carolina, a landlord must first file a summary ejectment action in court. After winning the case, the landlord can request the writ, which allows them to regain possession of the property. The US Legal Forms platform offers the specific forms needed and clear instructions, ensuring you navigate this legal process efficiently. Utilizing their resources can save you time and help you understand each step involved.
The process for obtaining a writ of possession in North Carolina typically takes a few weeks. After a landlord files for a writ of possession, the court will schedule a hearing. If the court grants the writ, the landlord can then coordinate with local law enforcement to execute it. Using US Legal Forms can help streamline this process by providing easy access to the necessary documents and guidance.
A writ of execution in North Carolina is a court document ordering the sheriff of the county in which you live to seize nonexempt property to satisfy or pay a money judgment against you. If you are being served a writ of execution, then you have already been sued in a court and lost your case.
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.
Executions shall be dated as of the day on which they were issued and are returnable to the court from which they were Page 3 NC General Statutes - Chapter 1 Article 28 3 issued not more than 90 days from that date.
Basically, it is a court order from the judge allowing the sheriff to take possession of any assets you may have on hand. Why is this happening to you? A writ of execution is filed after a judgment has been issued against you in favor of the plaintiff, such as a credit card company or other creditor.
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.