North Carolina Appealing Boyfriend's Eviction

[nola5745]

OK so I went the hearing in Small Claims Court on 12-14-11. My boyfriend evicted me and the magistrate's decision was 10 days to vacate, and then he said to appeal take this form. The form states that I have 10 days after the decision to appeal which will be on 12/24/11. Now I am almost sure that the court maybe closed for Christmas Eve, so I plan on going 12/23/11 and fill out a written request to appeal after that I have
10 more days to pay appeals court cost. Does anyone know how much the appeals court cost is in NC. and how many days after will they have another hearing? I plan on moving but since it is the Christmas and New Year Holiday I am trying to buy more time, I have many belongings to pack and may be leaving the state. I also have something pending in court that I have to attend on 1/12/2012. So hence the reason for needing this time. Please answer me if anyone knows about what kind of time will be given, or how long this process takes? I would appreciate any feedback!
Thanks,
nola5745

[Proserpina]

What is the basis of your appeal?

[army judge]

You might get an additional 20-30 days.

The exact answer was in the link on the previous information I gave you.

The cost of the appeal bond will be revealed by the clerk at the time you appeal.

You're taking leave of an appeal for an eviction.

You don't have 10 days to pay.

You've gotta pay when you file in cash rent money and fees to the court right then, not 10 days later!!!!!!!!!!!!!!!
Because you're appealing a landlord dispute, you must pay rent in cash to the court!!!

The court will assess the amount you owe.

I'll bet it will be around $500!!!

Here's link to the form:

http://www.nccourts.org/Forms/Documents/357.pdf


Here's a link to appeals information:


http://www.aoc.state.nc.us/magistrate/SmallClaims/appeals.htm

[army judge]

Is your case on 12 January a criminal charge?

Is it a felony drug charge?

You should have gotten out before you were evicted.

Now, you'll find it very hard to obtain another lease.

You have an eviction judgment on your record.

It also hits your credit.

[nola5745]

No it's not a criminal charge! OK so it's gonna cost me over $500.00 which I do not have and even if I did I still wouldn't!
What if I am not out in the 10 days, won't he have to file some sort of writ? and then the would have to serve me and give me 7 more days? Or what if I sue for wrongful eviction!

[army judge]

No it's not a criminal charge! OK so it's gonna cost me over $500.00 which I do not have and even if I did I still wouldn't!
What if I am not out in the 10 days, won't he have to file some sort of writ? and then the would have to serve me and give me 7 more days? Or what if I sue for wrongful eviction!

Everything you want to know is contained on the links I provided for you to read!!!


You're out of time and tricks.

In a few more days, the sheriff will remove you bodily, and place your belongings on the curb!!!

Is that what you want?

Why not leave now?

You have no defenses.

It is his home, and he wants you gone.

You're playing with fire.

You will get burned.

[Proserpina]

There's no case of wrongful eviction here.

Filing a wrongful eviction suit will backfire on you HUGELY. You'll end up being evicted anyway AND paying his fees AND perhaps being sanctioned by the court for filing a frivolous motion.

You need to move - seriously.

[nola5745]

What do you mean by "It will backfire on me" and what about being sanctioned by the court for filing a frivolous motion. Why? Please tell me! I already filed an appealled the eviction on December 28,2011. The Clerk of Court granted it to me and I filed as an indigent as I have no job. They have not issued a hearing date as of yet because of the Holidays. My boyfriend left on Christmas Day and has not returned to the house. This is just crazy! yes I know why he left because he wants me out of his home but as I said I needed time to move all of my belongings; Tony knew this from the start, all I needed was until January 15, 2012. I didn't think that was asking too much, I never intended on this getting so ugly! This did not have to happen this way!!!! Who knows I'll probably be out before the hearing anyway!!!!!

[Proserpina]

Because it's NOT a wrongful eviction! A wrongful eviction has a very specific legal meaning.

You've filed a motion ONLY to give yourself more time, with no legal basis - THAT is how you can end up being sanctioned.

[army judge]

What do you mean by "It will backfire on me" and what about being sanctioned by the court for filing a frivolous motion. Why? Please tell me! I already filed an appealled the eviction on December 28,2011. The Clerk of Court granted it to me and I filed as an indigent as I have no job. They have not issued a hearing date as of yet because of the Holidays. My boyfriend left on Christmas Day and has not returned to the house. This is just crazy! yes I know why he left because he wants me out of his home but as I said I needed time to move all of
my belongings; Tony knew this from the start, all I needed was until January 15, 2012. I didn't think that was asking too much, I never intended on this getting so ugly! This did not have to happen this way!!!! Who knows I'll probably be out before the hearing anyway!!!!!

When you lose, and lose you will, (even if you leave before the court date); your "ex" can sue you for his costs.

He will probably win again!




He's absented his home now.


He's probably cooking up his scheme to claim you damaged his home or stole some of his stuff.

Don't be surprised if this blows up in your face.


It doesn't matter to me.

My pockets won't be legally picked.



We reap the crops we plant.

[Proserpina]

(And I have to ask - you've had two weeks. What have you done to move out, OP? Is there a valid reason why it's taking longer?)

[nola5745]

What in the world do you mean by me having to pay his fees? What kind of fee's? and what will happen if I am santioned? If all this is true why did the (lady) head Clerk OK my Appeal? Please let me know as I am very confused!!!! As far as me living in his house while he is not here, well I have thought of that; he choose to leave, and leave me in his home! And for God sakes if he is crazy enough to think that I would steal or do something to his home then I give up!!! I have always taken care of his home and he knows that I would NEVER do anything like that!!! I am also taking care of his dog! But don't get me wrong I have been keeping my eyes on the phone bill to see what he is up to! He had been calling lawyers and I am getting very suspicious about all of this myself so I am calling my attorney tomorrow. All I ever wanted was until January 12,2012. I have to go to court and then I will be leaving that weekend. I don't think I was asking too much from him! If he does make this even more difficult, believe me I am ready because I will sue him for damages like putting me out back in November without the proper documents, changing the locks without giving me keys, and loosing my job because of all the mental abuse and of course all the clothes he ruined by throwing them on the ground in the garage! And the last thing well Christmas Eve he put his hands on me and shoved me into the door;then slammed it on my arm. The police were notified and they have pictures. Now I do not plan on doing any of these horrrible things unless he makes things even more diffficult.
Please respond! Thanks

[Proserpina]

I think at this point, you need an attorney and a therapist to help you deal with all of this.

[nola5745]

I don't need a therapist!!!!!!!!!!!!!!!!!!!!! HE DOES for making this into such a CIRCUS ACT! As far as an Attorney I already have one! I will use him if needed.

[disagreeable]

You should devote all the money you are spending on another place to live. Has anyone ever told you that you have unresolved issues? The court will accept your motion. It is the judges job to judge, not the clerks. I honestly think you have reduced this to the point of absurdity.