 Eviction timing (by W Haywood [NC]) Sep 13, 2017 9:07 AM
 Eviction timing (by Robert,Ontario,Can [ON]) Sep 13, 2017 9:26 AM
Eviction timing (by Mike45 [NV]) Sep 13, 2017 9:49 AM
Eviction timing (by WMH [NC]) Sep 13, 2017 10:58 AM
Eviction timing (by BRAD 20,000 [IN]) Sep 13, 2017 12:01 PM
Eviction timing (by Ken [NY]) Sep 13, 2017 2:14 PM
Eviction timing (by Vee [OH]) Sep 14, 2017 9:28 AM
Eviction timing (by NC INVESTOR [NC]) Sep 14, 2017 11:16 AM
Eviction timing (by W Haywood [NC]) Sep 17, 2017 2:13 PM
Eviction timing (by W Haywood [NC]) Posted on: Sep 13, 2017 9:07 AM
Message:
State Specific Question About: NORTH CAROLINA (NC)
After receipt of judgement for possession I understand you must wait 10 days for appeal before filing for eviction with the sheriff. My question is, how much additional time is allowed after the 10 days before the judgement "expires". For complicated reasons I wont be able to file with the sheriff for the eviction process for ~3 weeks. Will my judgment still be valid? --192.19.xxx.xxx |
Eviction timing (by Robert,Ontario,Can [ON]) Posted on: Sep 13, 2017 9:26 AM
Message:
Would file with the sheriff as soon as writ of possession is available. If they appeal then the process of setting a day where the locks are changed can continue. Often most problem tenants do not appeal as they will looking to start another eviction somewhere else. In future it is lot less problems if thorough credit checks are done on all adult applicants then arrears along with completely trashed out rental units will be minimized. They leave just before the locks are changed leaving only garbage behind. Once the sheriff hands a notice or posts the notice on the door they have planned the next eviction which is a never ending story. --74.220.xxx.xxx |
Eviction timing (by Mike45 [NV]) Posted on: Sep 13, 2017 9:49 AM
Message:
With all due respect, ignore Robert on this issue -- it is state-specific. You need someone who knows NC law to answer.
--71.38.xx.xxx |
Eviction timing (by WMH [NC]) Posted on: Sep 13, 2017 10:58 AM
Message:
I didn't have to meet the Sheriff to do the writ of possession, that I remember.
When the 10-day appeal process ended, I went to the Courhouse and filed for the writ of possession. Technically that's all I had to do, but I wanted to move faster so I called the Sheriff and told him about it. The writ of possession was sent to his office, he called the tenant and then posted notice on the door. I think they get 7-10 days more before lock-out?
Call the Sheriff. They were very helpful to me about the process and time frames. --173.22.xx.xx |
Eviction timing (by BRAD 20,000 [IN]) Posted on: Sep 13, 2017 12:01 PM
Message:
WH,
If you cannot file because you are out of town, hire it.
Ask the court who can file, (property manager?) or some have online filing, or perhaps mail it in.
OR hire an atty to file it. the expense of the atty is cheaper than losing another few weeks of rent.
BRAD --68.50.xx.xxx |
Eviction timing (by Ken [NY]) Posted on: Sep 13, 2017 2:14 PM
Message:
Call the sheriffs civil office and ask but as Brad said pay someone to handle it and have it empty when you are available --24.25.xxx.xxx |
Eviction timing (by Vee [OH]) Posted on: Sep 14, 2017 9:28 AM
Message:
Timing in most places is local, need more than state tenant rules printed out - always have both before opening for business again. I have a street with different courts on each side, 1 I have to pay for moveout, other I can move and toss but I can also put into storage jointly with tenant and tenant must pay court award before locker place will allow opening the storage (has to pay storage bill also), otherwise the auction of the entire locker - take all offsite that day... --76.188.xxx.xx |
Eviction timing (by NC INVESTOR [NC]) Posted on: Sep 14, 2017 11:16 AM
Message:
When you filed for Summary Ejectment you were also required to file a Writ of Possession form. Assuming the judgement is in your favor AND the tenant did not file an appeal within 10 days of the judgement then the Clerk of Court will authorize the Writ of Possession and send it to the Sheriff to enforce.
A judgement that is not appealed is permanent. I believe your question is how long do you have before the Writ is enforced. That can be decided between you and the Sheriff's office.
One the Sheriff receives the Writ they will contact you (or your atty. on file) to give you the date they plan to enforce it since you must be there to change the locks. If the date is not convenient for then schedule a date that is.
Keep in mind that the longer you take to have the Writ enforced the longer the tenant can remain on the premises and if they are angry enough the more damage they can cause.
If you are unavailable I recommend that you find someone else to meet the Sheriff earlier rather than later. --75.181.xxx.xx |
Eviction timing (by W Haywood [NC]) Posted on: Sep 17, 2017 2:13 PM
Message:
Thanks for all of the good advice and experiences. I did call the sheriff directly(special thanks for that one!)and asked them directly. They were actually quite flexible as long as the 10-day minimum was met. They suggested I could go ahead and file and request a specific date (outside the minimum 10 days)that works for me and they typically can and will accommodate. However the sheriff declined to offer a time limit - He did not seem to be aware of one which makes sense since landlords - including myself - are obviously always looking for the earliest possible date!
Again, thanks for all of the great responses.
-W. --24.74.xxx.xxx |
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