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North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriffs office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.
Filling in the claim form If you dont get a reply or youre not satisfied with it, you can start your small claim. You can either: download and print a claim form to send by post - this is called the N1 claim form make a claim online - if you know exactly how much you want to claim.
A filing fee of $96. If you are unable to afford the fee, you can ask to file your case as an indigent by using this form.
A small claims case is filed in the clerk of superior courts office in the appropriate county. The forms may be printed and completed in advance, or the clerk of superior court can provide you with the forms.
A summons is issued to the defendant, but for one reason or another the defendant is not properly served within 60 days of the date of issuance of the summons. Remember that under Rule 4, if the summons is not served within 60 days, it becomes dormant.

People also ask

In North Carolina, the legal term for eviction is summary ejectment. The case starts when the landlord files a document that is called a Complaint in Summary Ejectment, which is also called an eviction complaint. In an eviction case, the landlord is the plaintiff. The tenant is the defendant.
Usually, the eviction process takes a little bit over a month, as follows. Approximately fourteen days from filing of the summary ejectment until the hearing at the small claims court. Ten days from date of hearing at the small claims court until the filing of writ of possession or the expiry of the appeals period.
You are notified to appear before the magistrate at the specified date, time, and location of trial listed below. You will have the opportunity at the trial to defend yourself against the claim stated in the attached complaint.
Being served usually means that youve been served notice of some legal proceedings against you. It is when someone hands you a piece of paper notifying you that you are being sued for something and may need to respond by filing paperwork with a court of law to defend yourself.
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

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