Other Debt summary complaint of ejectment

[tbeamon70]

We got served summary complaint of ejectment papers Thursday to be in court on Tuesday. My husband can't get off work for us to go. What will happen if don't show up in court?

 

[army judge]

We got served summary complaint of ejectment papers Thursday to be in court on Tuesday. My husband can't get off work for us to go. What will happen if don't show up in court?

If he fails to show, you could show.
But, what will that do?
If you can't cure the rent default (if that's the basis for the lawsuit), you're going to be evicted soon anyway, even if you both appear.
But, by appearing, you get to file an appeal, assuming you don't prevail.
If both of you fail to show, the plaintiff (your landlord) will receive a default judgment, making your eviction date that much sooner.


In NC, if the court finds that the landlord is entitled to possession of the property you are now occupying, YOU (the tenants) will then have ten days to file an appeal to the district court.

In order to file that appeal, YOU (the tenants) must post a bond in the amount of the past-due rent as determined by the magistrate in the case to be heard Tuesday, as well as promise to continue paying rent as it comes due.

If you decide NOT to file an appeal, then the clerk of court will issue a Writ of Possession, which allows the sheriff to actually evict YOU folks, the tenants.

Eviction can be a very harsh result, so North Carolina law and its courts are generally inclined to rule in favor of tenants, particularly residential tenants.

A magistrate will not order an eviction unless the landlord has properly followed the requirements of the summary ejectment statute, including proper notice to the tenant.


So, if you and hubby are not there on Tuesday, you lose the opportunity to present your side of the story or cure the rent default.

As tenants, you may be able to buy some time by appearing and filing your appeal, if your landlord has filed her or his ejectment action improperly.