Summary Ejectment or Evictions

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The following forms are needed for Summary Ejectment or Evictions. Before filing your Complaint, be sure that you have given your tenants proper notice. The required time period for notice varies from case to case. Your lease agreement and/or the North Carolina General Statutes may give you guidance on the notice requirements. Please review the following section of the North Carolina General Statutes

Complaint for Summary Ejectment or Evictions Form AOC-CVM-201
For ONE Defendant, provide ONE original and TWO copies.
For TWO Defendants, provide ONE original and FOUR copies. 
For THREE Defendants, provide ONE original and six copies. 

*Certification of identity and/or notice of Deposit Form AOC-G-120
In a Summary Ejectment, if you are also requesting a money judgment, you must fill out this form. Please have this form notarized and returned the original along with your Complaint and Summons. If filing the Complaint in person, the Plaintiff may swear/affirm before the Dare County Clerk’s office and a notary seal is not necessary. Please provide ONE original.

Magistrate Summons for Summary Ejectment/Evictions Form AOC-CVM-100
For ONE Defendant, provide ONE original and THREE copies.
For TWO Defendants, provide ONE original and FIVE copies. 
For THREE Defendants, provide ONE original and SEVEN copies. 

Please provide a Stamped Envelope addressed to DEFENDANT (one envelope per defendant) with a BLANK return address. 

Please be sure to sign and date the Complaint. 

Court Date: Your case will be scheduled within 10 days from the filing of your Complaint. 

Servicemembers Civil Relief Act Affidavit — Please prepare this Affidavit and file it along with all civil pleadings to verify military status of each of your defendants or respondents. A judgment may NOT be entered in any civil case in which the defendant/respondent has not made an appearance until this Affidavit has been completed and filed with the Clerk’s office.

If you would like a copy of any filed paperwork returned to you via mail, please send additional copies and a Self-Addressed Stamped Envelope or include the appropriate copy costs and postage fees. 

Filing Fee: $96.00 

Sheriff’s Service Fee: $30.00/per Defendant 

Copy Cost: $2.00/1st page then $0.25 for each additional page 

Envelope/Postage Cost: $0.50 per Envelope 

Fees must be paid by cash, money order, cashier’s check, credit card or debit card. Personal checks are NOT accepted. 

Writ of Possession on Real Property after Summary Ejectment: The Plaintiff must give the Defendant 10 days following the judgment to file an appeal. In most cases, if no appeal has been filed by the 11th day following entry of the judgment, a writ of possession may be requested by the Plaintiff. 

Appeals: If you would like to appeal a magistrate’s judgment in a small claim action, please contact our office for further details. Please be aware that you only have 10 days from the date the judgment was entered against you to file your Notice of Appeal. The cost of appeal is $150.00 in addition to perfecting your appeal through the posting of a bond. The bond amount is dependent upon the findings in your case. 

Please review the following statute on Undertaking on appeal and order staying execution.