Notice of Appeal from Magistrate's Eviction Judgment

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⚠ DEADLINE: This notice MUST be filed within 10 DAYS of the magistrate's judgment. Late filing extinguishes the right to appeal. If you are also requesting a stay of the Writ of Possession, file that motion simultaneously.

01 ATTORNEY / PARTY INFORMATION

Attorney or Party Name *

State Bar No. (attorneys only)

Firm / Office Name

Address *

Phone *

Fax

Email *

02 CASE INFORMATION

File No. / Case No. *

County *

Plaintiff (Landlord) Name *

Defendant (Tenant) Name *

Date of Magistrate's Judgment *

Date This Notice Is Filed *

03 APPEAL DETAILS

WHO IS FILING THIS APPEAL (APPELLANT)? *

TYPE OF JUDGMENT BEING APPEALED *

WHO PREVAILED AT MAGISTRATE LEVEL? *

MAGISTRATE'S JUDGMENT AMOUNT ($) (if money judgment)

MONTHLY RENT ($)

BASIS FOR APPEAL — SELECT ALL THAT APPLY *

Factual error — The magistrate's finding of fact is not supported by the evidence Legal error — The magistrate misapplied the law (e.g., incorrect interpretation of lease terms, statute, or notice requirements) Amount of damages incorrect — The amount of rent or damages awarded is not supported by the evidence New evidence — Evidence exists that was not presented at the magistrate's hearing that is material to the outcome Other grounds — (describe below)

BRIEF STATEMENT OF FACTS / ARGUMENT IN SUPPORT OF APPEAL

04 STAY OF WRIT OF POSSESSION

IS APPELLANT SIMULTANEOUSLY REQUESTING A STAY OF THE WRIT OF POSSESSION?

JUDGMENT AMOUNT ($) — for bond calculation

PROPOSED BOND AMOUNT ($) *

FORM OF BOND

NOTE

Use the FORMVANA Motion to Stay Writ of Possession → form to generate a complete stay motion. This section notes the simultaneous request on the Notice of Appeal.

SELECTED COUNTY

— Select above —

ALSO NEED A STAY MOTION?

If the landlord won and you need to stop the writ while you appeal, generate the stay motion simultaneously with this notice.

GENERATE STAY MOTION →

APPEAL PROCESS

Either party may appeal within 10 days of magistrate judgment
$150 filing fee payable to Clerk of Court in District Court
Appeal is DE NOVO — completely new trial; new evidence is allowed
If you lost AND need to stay in place, file Stay Motion simultaneously
District Court hearing typically scheduled within 30–60 days
Paying all back rent before District Court hearing may result in dismissal
Bring ALL evidence to District Court — magistrate record does not transfer

STATUTORY REFERENCE

G.S. 7A-228Appeal — small claims to District

G.S. 42-34Stay pending appeal — bond

G.S. 7A-199De novo review standard

G.S. 42-26Grounds for summary ejectment

NEED LEGAL HELP?

Legal Aid NC: 1-866-219-5262 (free for eligible tenants)
Barker Richardson, PLLC →
NC Courts: nccourts.gov →

Notice of Appeal from Magistrate's Judgment in Summary Ejectment

ALSO NEED A STAY MOTION?

APPEAL PROCESS

STATUTORY REFERENCE

NEED LEGAL HELP?