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North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property

State:
North Carolina
Control #:
NC-019-SC
Format:
Word; 
Rich Text
Instant download
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Description

This Bond to Stay Execution on Appeal of Judgment to Personal Property is an official North Carolina Small Claims Court form that complies with all applicable North Carolina codes and statutes. USLF amends and updates all North Carolina forms as is required by North Carolina statutes and law.

Definition and meaning

The North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property is a legal instrument that allows a defendant to appeal a judgment related to the recovery of personal property. This bond ensures that the plaintiff is protected from potential losses incurred while the appeal is being processed. By securing this bond, the defendant agrees to abide by the final decision once the appeal concludes, assuming they lose the case.

How to complete a form

To properly complete the North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property, follow these steps:

  1. Fill in the name and address of the plaintiff and defendant.
  2. Enter the amount of the bond, which must reflect the potential damages to the plaintiff.
  3. Have the surety sign the bond, acknowledging their liability.
  4. If applicable, include the signature of any additional surety.
  5. Complete the justification section if the surety wishes to verify their eligibility.
  6. Submit the completed bond to the appropriate court.

Who should use this form

This bond is typically used by defendants in possession cases who wish to appeal a court's judgment regarding personal property. If you have been ordered to return personal property to the plaintiff and wish to contest the decision, you should consider using this form to stay the execution of the judgment during the appeal process.

Key components of the form

The North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property consists of several important components:

  • Surety Information: Details about the surety, including name and address.
  • Bond Amount: Specifies the financial commitment made by the surety.
  • Justification Section: Optional section for the surety to affirm their financial standing.
  • Execution Order: A statement that execution of the judgment is stayed during the appeal period.

Common mistakes to avoid when using this form

When completing the North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property, avoid these common mistakes:

  • Failing to include required signatures from the surety and any additional sureties.
  • Entering an incorrect bond amount that does not reflect potential damages.
  • Neglecting to submit the form by the required deadline for appeals.

State-specific requirements

In North Carolina, the Bond to Stay Execution on Appeal of Judgment to Personal Property must meet specific state requirements:

  • The surety must be a resident of North Carolina.
  • The bond amount must be adequate to cover the cost of damages that may arise during the appeal.
  • All signatures must be notarized to validate the authenticity of the document.

What documents you may need alongside this one

When submitting the North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property, consider having the following documents ready:

  • Original judgment order from the trial court.
  • Supplemental filings related to the appeal.
  • Identification for all parties involved, including the surety.

How to fill out North Carolina Bond To Stay Execution On Appeal Of Judgment To Personal Property?

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North Carolina Bond to Stay Execution on Appeal of Judgment to Personal Property