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[4] The filing fee for the Writ of Possession is $25. The sheriff also has to serve your tenant with the Writ of Possession, which costs another $30 per tenant. The removal of the tenant from the property (padlocking process) with the sheriff usually takes place about 5 to 7 days after filing the Writ of Possession.
If tenants don't leave at the end of the notice period, landlords must apply to the court for a possession order, which gives them the right to evict tenants and take possession of the property.
Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.
Overview You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You \u201cserve\u201d (mail) your motion to the other side. The other side files a written opposition to your motion with the court.
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.
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A Show Cause Order is a directive to appear in Court and prove why one should not be held in either civil or criminal contempt of Court. The most frequent reason for the issuance of a Show Cause Order involves allegations of failure to comply with a Court Order.
Evicting a tenant in North Carolina can take around one to three months, depending on the reason for the eviction and whether the case is held in district or small claims court. If tenants file an appeal, the process may take longer.
How Do I Evict A Tenant Without A Rental Agreement? Step 1: Send A Notice To Quit. You must send out a written notice asking the tenant to leave the property before you can consider filing for eviction. ... Step 2: File For An Eviction Hearing. ... Step 3: Authority Eviction.
Barron's Law Dictionary defines ejectment as a legal action brought about by one claiming the right to possess real property against another who possesses the premises adversely or who is a holdover tenant who remains beyond the termination of the lease.
To begin the eviction process, the landlord must file a Magistrate's Summons and a Complaint in Summary Ejectment with the Clerk of Court. In most cases, the landlord must give the tenant advance notice to end the lease or make a demand for past-due rent before starting the eviction process.

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