This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.
To remove a tenant, even a family member, you generally need to follow the formal eviction process prescribed by North Carolina law. This typically involves providing the tenant with written notice to terminate the tenancy, followed by filing an eviction lawsuit if they fail to vacate the premises.
File a Complaint with the North Carolina Office of Administrative Hearings (OAH): The North Carolina Office of Administrative Hearings (OAH) receives tenant complaints related to housing discrimination. Tenants looking to file a housing discrimination complaint against their landlord can call OAH at 984-236-1914.
Under California law, a landlord must provide a proper written notice to terminate a month-to-month tenancy. A handwritten note pushed under your door may not meet the legal requirements for an eviction notice.
Serving the Summons and Complaint In North Carolina, the county sheriff delivers the summons and complaint personally to the tenant. If the sheriff cannot deliver the documents for any reason, they may be attached to the front door of the property.
Complaint for Summary Ejectment (CVM-201): This form opens an eviction case against a tenant. Summons (CVM-100): Once the Complaint has been filed, the court will produce the Summons. It states the case against the tenant and indicates the hearing date for the landlord and tenant to appear in court.
As such, there are a few steps you need to take: Call the court clerk, and then set a hearing date for the motion. Once you have a hearing date, you can begin working on your motion; File the motion with the court clerk. Once the document is filed, then serve the document.
Once the writ of possession is issued, it must be directed to the sheriff's office. The sheriff will serve a copy to the tenant at the rental unit, explaining that the writ will be executed no more than five days later. The tenant must move out within the five-day period (NCGS § 42-36.2).
Yes. You should file a Motion to set aside default judgement. Once you do that you will have to address the underlying lawsuit. You will probably end up negotiating a settlement with the creditor.
Yes. Even if a tenant misses a court date or loses in small claim court, the tenant may appeal the eviction order. Tenants who file an appeal will get a new trial in district court in front of a different judge.