NORTH CAROLINA DISTRICT COURT — SMALL CLAIMS / SUMMARY EJECTMENT

Motion to Stay Writ of Possession Pending Appeal

Stop eviction execution while your appeal is pending. Must be filed simultaneously with your Notice of Appeal within 10 days of magistrate's judgment. Statutes: G.S. 42-34(b), G.S. 7A-228. Free. No account required.
← FORMVANA NC FORMS VIEW ALL FORMS →
01 ATTORNEY / PARTY INFORMATION
02 CASE INFORMATION
03 GROUNDS FOR STAY
04 SUPERSEDEAS BOND
05 CERTIFICATE & HEARING REQUEST
SELECTED COUNTY
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URGENT — TIME LIMIT

You have only 10 days from the magistrate's judgment to file this motion AND your Notice of Appeal. These must be filed simultaneously.

GENERATE NOTICE OF APPEAL →

HOW THE STAY WORKS

  • File within 10 days of magistrate judgment — same time as Notice of Appeal
  • Post bond equal to judgment PLUS estimated rent during appeal (typically 1–2 months)
  • Bond is held as supersedeas — returned if appeal succeeds, paid to landlord if appeal fails
  • District Court hearing is DE NOVO — completely new trial with new evidence allowed
  • District Court hearing typically scheduled within 30–60 days

STATUTORY REFERENCE

G.S. 42-34(b)Stay of execution — bond
G.S. 7A-228Appeal from magistrate to District
G.S. 1-289Supersedeas bond rules
G.S. 42-36.2Writ of possession — residential

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