Winterville, NC asked in Family Law and Landlord - Tenant for North Carolina

Q: I had eviction court on 1-9-23. How long do I have to willingly move out? I don’t wanna get blindsided. Greenville NC.

I haven’t received any notice in the mail stating a certain date to move, but I’ve researched and it’s said something about 5 days from writ of possession and 10 days additional. But I’m still confused on the exact deadline to move out!

Related Topics:
1 Lawyer Answer
Stephen Edward Robertson
Stephen Edward Robertson
  • Greensboro, NC
  • Licensed in North Carolina

A: You have ten days from the date of the entry of the Order to appeal the magistrate's ruling. You file the appeal in the clerk of court's office. That appeal will be heard in District Court. If you do not file the appeal as an indigent, you will need to post a bond. If the ten days pass, and neither party has posted an appeal the landlord can return to Court and ask the Clerk for a Writ of Possession. This Writ does not require a new hearing in front of a judge. A Writ of Possession allows the sheriff to padlock the home. The sheriff then has five days to remove the tenant from the home.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.