Mecklenburg North Carolina Bond to Stay Execution on Appeal of Judgment to Recover Possession of Personal Property

State:
North Carolina
County:
Mecklenburg
Control #:
NC-CVM-906M
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Bond to Stay Execution on Appeal of Judgment to Recover Possession of Personal Property: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


Mecklenburg North Carolina Bond to Stay Execution on Appeal of Judgment to Recover Possession of Personal Property serves as a crucial legal tool for individuals seeking to retain or regain possession of their personal belongings amidst a legal dispute. This bond acts as a guarantee for the court that, in the event of an appeal, the losing party will not further damage, sell, or dispose of the disputed personal property. In Mecklenburg County, North Carolina, there are two main types of bonds available to stay execution on appeal of judgment to recover possession of personal property: 1. Supersedes Bond: This type of bond is commonly used when a judgment involving personal property is being appealed. It allows the party who has been found liable to retain possession of the property until the appeal process is completed. The Supersedes Bond is designed to prevent any potential harm, loss, or damage to the personal property that may occur during this time. 2. Rep levy Bond: In cases where an individual has already been granted possession of personal property through a judgment, the losing party may file an appeal to challenge it. To prevent the prevailing party from potentially selling, damaging, or disposing of the property, the losing party must obtain a Rep levy Bond. This bond ensures that if the appeal is unsuccessful, the prevailing party will be compensated for any damages they may have suffered during the appeal process. Both the Supersedes Bond and Rep levy Bond require the party challenging the judgment to secure the bond value, which is typically determined by the court based on the value of the personal property in question. This value acts as a financial safeguard for the prevailing party in case the appeal fails, ensuring they can be compensated adequately. Obtaining a Mecklenburg North Carolina Bond to Stay Execution on Appeal of Judgment to Recover Possession of Personal Property is a significant step towards preserving the personal assets at stake during a legal dispute. It provides assurance to both the court and the party in possession that the property will remain secure until the appeal process concludes.

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FAQ

Misdemeanor convictions in district court can be appealed for trial de novo in superior court. Final convictions in superior court (and adjudications in juvenile court) are appealed to the North Carolina Court of Appeals (or, rarely, to the North Carolina Supreme Court).

A stay can be granted automatically by operation of law or by order of a court, either following a motion or by agreement of the parties. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved.

Stat. § 7B- 2602), the notice of appeal must be filed within 30 days after the entry of a final judgment. N.C. R.

DHS might ask the Board of Immigration Appeals to ?stay? the Immigration Judge's decision regarding your bond while DHS appeals. If the Board agrees, this means that the Immigration Judge's decision to lower your bond or release you on your own recognizance will have no effect while DHS appeals the decision.

A stay sounds like you get to stay in your house, but that's not what it means legally. It means to delay making you move out. If you get a stay of execution, the judge will probably allow you to stay for up to 40 more days, but usually not longer.

When a bond or undertaking is required by law to be given for the faithful performance of a duty or obligation, or required to be given in a judicial proceeding in a court of this state, the bond shall, unless otherwise specified by the law requiring it, be executed by the principal and at least two sureties.

Once the 10 days have passed, the landlord can return to court and ask the clerk for an order called a ?Writ of Possession,? which allows the sheriffs to padlock the home. The sheriff's office must then remove the tenant within 5 days.

1. After the landlord wins the case and gets a Writ of Possession. Once the landlord wins the case, and provided the tenant does not file for an appeal or reconsideration, the court will issue a Writ of Possession 10 days after the court rules in the landlord's favor.

A Stay of Execution Bond is a type of surety bond that a court might require before a stay of execution is granted. Stay of Execution Bonds are more commonly known as Appeal (Supersedeas) Bonds. The purpose of a Stay of Execution Bond is to ensure final judgements and costs are paid.

You should lodge the notice of appeal together with a statutory declaration of service with the District Court Clerk in the court area where the decision was made within 14 days of the date of the decision. If the judge orders that money be lodged with the appeal you must lodge the money with the appeal documents.

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Mecklenburg North Carolina Bond to Stay Execution on Appeal of Judgment to Recover Possession of Personal Property