Need recommendation for attorney to file summary ejectment.
I need a recommendation for an attorney to start summary ejectment on my behalf in NC (I recently moved 2 states away).
I would drive back and file myself (drive is only 6.5 hrs) but I don't know how soon I would need to return to take the next step in proceedings (I've never evicted a tenant before).
I think it might be best if I get an attorney to work this out for me since I'm out of state... Please let me know your recommendations or if you think I should drive back and file the paperwork myself (how soon would I need to return?)/
Lastly, in the state of NC, do I need to notify tenant about eviction before I begin?
See also this BP topic, quick NC eviction filing primer. I don't know what county you need eviction service in. Generally attorneys will work in a limited area, like a single county. In NC, the only multi-county service I am aware of is Speedy Filer. I have used their service before, but not for about 7 years according to this post I made back then.
In this BP post, A good eviction attorney in Raleigh, nc, I advocated DIY. It's a lot tougher when you are remote, but it's an option.
@Chris Martin Thanks so much for the linked BP posts!
I'll certainly keep open the option of filing myself. I'm comfortable with the drive back to NC.
I'll look into Speedy Filer as well.
All this has been very helpful.
@Chris Martin Chris, now that I'm gathering documentation/proof for filing summary ejectment, I'm warming up to the idea of filing without an attorney. I'm feeling more confident.
While researching, I came across NC State 42-34. Am I understanding this correctly? If a tenant wants to appeal, they have to first pay past-due rent to the court?
I'm also confused about this part concerning tenant appeal:
During an appeal to district court, it shall be sufficient to stay execution of a judgment for ejectment if the defendant appellant pays to the clerk of superior court any rent in arrears as determined by the magistrate and signs an undertaking that he or she will pay into the office of the clerk of superior court the amount of the tenant's share of the contract rent as it becomes due periodically after the judgment was entered and, where applicable, comply with subdivision
Does this just mean tenant must also sign and agree to pay future rent, when it becomes due, during their appeal (for instance, if they appeal on 11/15, but the next court date isn't until 12/15, they agree to pay the court rent for December when it becomes due on December 1st...)?
Originally posted by @Noureen A S.:@Chris Martin Chris, now that I'm gathering documentation/proof for filing summary ejectment, I'm warming up to the idea of filing without an attorney. I'm feeling more confident.
While researching, I came across NC State 42-34. Am I understanding this correctly? If a tenant wants to appeal, they have to first pay past-due rent to the court?
I'm also confused about this part concerning tenant appeal:
During an appeal to district court, it shall be sufficient to stay execution of a judgment for ejectment if the defendant appellant pays to the clerk of superior court any rent in arrears as determined by the magistrate and signs an undertaking that he or she will pay into the office of the clerk of superior court the amount of the tenant's share of the contract rent as it becomes due periodically after the judgment was entered and, where applicable, comply with subdivision
Does this just mean tenant must also sign and agree to pay future rent, when it becomes due, during their appeal (for instance, if they appeal on 11/15, but the next court date isn't until 12/15, they agree to pay the court rent for December when it becomes due on December 1st...)?
That is correct about 42-34. I have only been plaintiff in 44 cases, so a limited sample set, but in those cases I never had a defendant (tenant) file an appeal. I know of one landlord/agent/PM (call him Mr. K) who did, and they told me the following. The tenant DID pay the clerk of court back rent, fees, and court costs as directed by the small claims judicial statement. But Mr. K did not initially receive these funds as they were held in escrow. As I remember when the next rent payment became due, the tenant (defendant) defaulted. The plaintiff did something (legal input or filing/motion??) and the case was settled in favor of the plaintiff. I don't know the details, but I believe Mr. K received the escrowed payment in the case eventually. Payments take some time.
Defendant Appeals in my world are very unusual. Most of the time they (the defendant) didn't show up at court. But I don't know your scenario. I can't provide you with any expectations or insight for your county or your circumstances.
Thanks, Chris.
I understand. And that was very helpful, again.
Sure - I need to be ready to expect anything. I'm trying not to underestimate my tenant.
Based on my experience with this tenant thus far (it just seems she doesn't have the money), it's unlikely she'll be able to appeal.
This whole thing is pretty fascinating. I'm glad I decided to research filing summary ejection on my own.
Thanks again, Chris.