To get a stay, you must file an "Application for Stay of Execution of Writ of Restitution. A writ of assistance is an order directing that a party convey, deliver, or turn over a deed, document, or right of ownership.In North Carolina, the legal term for eviction is "summary ejectment. Find out how you might be able to respond to an eviction order from the court, including how to ask the court for additional time to move. A Motion to Stay a Writ of Possession is a document that a resident files with the court which has the result of "staying" or "stopping" an eviction action. Understanding and adhering to the state's eviction laws is crucial. In this guide, we'll outline the step-by-step legal eviction process in Oklahoma. To file an eviction action in North Carolina, the landlord must file a summary ejectment complaint with the court. If the guest is not evicted in the 75 days, then you will have to file a new (or "alias") writ. Remember, the U.S. Marshals must be present during the eviction.