Greensboro North Carolina Request for Issuance of Writ of Possession of Real Property When Judgment More Than 30 Days Old

State:
North Carolina
City:
Greensboro
Control #:
NC-CV-412
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Letters of Appointment Standby Guardian of the Person: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

Greensboro, North Carolina Request for Issuance of Writ of Possession of Real Property When Judgment More Than 30 Days Old is a legal process through which a party seeks to obtain possession of a property after securing a judgment against the current occupant. This type of request is made when the judgment has been in effect for more than 30 days. The following information provides a detailed description of this process and its various types. In Greensboro, North Carolina, when a party wins a judgment in a real property dispute, such as a landlord-tenant case or a foreclosure proceeding, and the judgment remains unpaid or unresolved for more than 30 days, the winning party can request the issuance of a writ of possession. This writ is a court order that allows the successful party to take possession of the property in question. The process of requesting the issuance of a writ of possession starts with filing a Request for Issuance of Writ of Possession of Real Property When Judgment More Than 30 Days Old in the appropriate court. This request must include details about the initial judgment, such as the case number, the names of the parties involved, and the amount awarded. It should also provide information regarding the property in question, including its address and any known occupants. Once the request is filed, the court will review the documentation and determine whether the requirements for granting the writ of possession have been met. If the court finds the request valid, it will issue the writ, allowing the successful party to regain possession of the property. There can be different types of Greensboro North Carolina Request for Issuance of Writ of Possession of Real Property When Judgment More Than 30 Days Old based on the nature of the original judgment. Some common types include: 1. Landlord-Tenant Disputes: In cases where a tenant defaults on rental payments or violates the terms of the lease agreement, the landlord may seek a writ of possession to reclaim their property. 2. Foreclosure Proceedings: When a borrower fails to meet their mortgage obligations, the lender can initiate foreclosure proceedings. If the foreclosure judgment remains unpaid for over 30 days, the lender can request a writ of possession to take physical possession of the property. 3. Property Disputes: In situations where two or more parties are contesting ownership or possession rights to a property, a judgment may be issued. If the losing party fails to comply with the judgment within the specified time frame, the winning party can apply for a writ of possession to enforce their rights. Overall, the Greensboro, North Carolina Request for Issuance of Writ of Possession of Real Property When Judgment More Than 30 Days Old is a legal remedy that allows individuals or entities to regain possession of real property after obtaining a judgment that has gone unpaid or unresolved for more than 30 days. By following the appropriate legal procedures and filing the necessary documentation, parties can initiate this process and seek enforcement of their rights in property-related disputes.

How to fill out Greensboro North Carolina Request For Issuance Of Writ Of Possession Of Real Property When Judgment More Than 30 Days Old?

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This only applies for district court evictions. If the tenant doesn't file for this, default judgment may be given to you. If you win the case, the judge will give you a Writ of Possession. This legally allows the law enforcement officials to remove the tenant from the property.

The 2022 Florida Statutes (2) At the time the sheriff executes the writ of possession or at any time thereafter, the landlord or the landlord's agent may remove any personal property found on the premises to or near the property line.

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.

If the tenant files an answer, a court date will be set and the plaintiff will be notified by mail of the court date. Once a writ of possession is issued, an eviction must be requested within thirty (30) days of the date of service or a newLandlord-Tenant (Dispossessory) Affidavit must be filed.

The court order is called a 'possession order'. If you don't leave by the date on the possession order, the landlord will need to get a 'warrant of eviction', allowing the bailiffs to come and evict you. However, there are some types of tenancy where your landlord doesn't need to get a court order to evict you.

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.

You can get a 'writ of possession' if you transfer the warrant from the county court to the High Court. This means a High Court enforcement officer can evict your tenants. You might get a faster eviction this way.

What is a Motion to Stay the Writ of Possession? 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.

The filing fee for the Writ of Possession is $25.00 and service of process by sheriff is $30.00 per defendant. Appeals: If you would like to appeal a magistrate's judgment in a small claim action, please contact our office for further details.

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

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Greensboro North Carolina Request for Issuance of Writ of Possession of Real Property When Judgment More Than 30 Days Old