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!
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.
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