Writ of Possession — Residential Ejectment

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⚠ LANDLORD / PLAINTIFF FORM — This form is for use by the prevailing plaintiff (landlord) after obtaining an ejectment judgment. Residential tenants have 10 days from service before the Sheriff may execute. Do NOT use this form if tenant has filed an appeal and stay.

01 PLAINTIFF / ATTORNEY INFORMATION

Attorney or Plaintiff Name *

State Bar No. (attorneys only)

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

File No. / Case No. *

County *

Plaintiff (Landlord) Name *

Defendant (Tenant) Name *

Date of Magistrate's Ejectment Judgment *

Property Address (to be vacated) *

03 PROPERTY & JUDGMENT DETAILS

HAVE 10 DAYS PASSED SINCE THE MAGISTRATE'S JUDGMENT? *

HAS TENANT VACATED THE PREMISES? *

ARE THERE OTHER OCCUPANTS AT THE PROPERTY?

DESCRIBE OTHER OCCUPANTS (names / relationship to defendant)

KNOWN PERSONAL PROPERTY ON PREMISES (describe)

04 SHERIFF SERVICE INSTRUCTIONS

DATE WRIT SUBMITTED TO SHERIFF'S OFFICE

REQUESTED EXECUTION DATE (minimum 3 business days after service on tenant) *

SPECIAL INSTRUCTIONS TO SHERIFF (optional)

PLAINTIFF CONTACT FOR SHERIFF COORDINATION *

JUDGMENT AMOUNT AWARDED (for Writ header, if applicable)

05 JUDICIAL OFFICER / CLERK BLOCK

ISSUING OFFICER NAME (Clerk or Judge)

TITLE

ADDITIONAL NOTES / SPECIAL CONDITIONS

SELECTED COUNTY

— Select above —

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WRIT OF POSSESSION PROCESS

After winning ejectment, if tenant won't leave: request Writ from Clerk's office ($30 filing fee)
Residential tenants receive 10-day notice posted by Sheriff before removal
Sheriff returns minimum 3 business days after posting notice to execute
Tenant's belongings removed to curb — NC law does not authorize disposal
Tenant has right to retrieve belongings within a reasonable time
Take dated photos of the property before AND after Sheriff executes writ
Change locks immediately after Sheriff completes execution

STATUTORY REFERENCE

G.S. 42-36.2Writ of possession — residential

G.S. 42-36Execution of judgment for possession

G.S. 42-25.9Tenant's right to recover belongings

G.S. 42-34(b)Supersedeas / stay on appeal

NEED LEGAL REPRESENTATION?

Barker Richardson, PLLC → full representation for landlords and tenants
NC Courts: nccourts.gov →
Sheriff Office locator: ncsheriffs.net →

Writ of Possession — Residential Summary Ejectment

ATTORNEY? AUTO-FILL FROM CLIO

WRIT OF POSSESSION PROCESS

STATUTORY REFERENCE

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