Short answer. Cases go to the Small claims court (magistrate). The tenant appears on the court date in the summons. Who carries out a lockout: sheriff.
At a glance
- Court
- Small claims court (magistrate). Eviction (summary ejectment) cases are usually heard in small claims court by a magistrate.
"Eviction cases are typically handled in small claims court, where they are decided by a magistrate."
Source 2 - Hearing after filing
- The tenant is summoned to appear no more than seven days (not counting weekends and legal holidays) after the summons issues.
"not to exceed seven days from the issuance of the summons"
Source 1 - Time to answer or appear
- The tenant appears on the court date in the summons.
"not to exceed seven days from the issuance of the summons"
Source 1 - Judgment to writ
- Either side has 10 days to appeal to District Court; after that the landlord can ask the clerk for the writ of possession.
"Both parties have 10 days after the magistrate's decision to appeal the case to District Court."
Source 2 - Writ to lockout
- The sheriff executes the writ within five days of receiving it and tells the tenant the approximate time.
"no more than five days from the sheriff's receipt thereof."
Source 1 - Who carries out the lockout
- Sheriff. The sheriff's office removes the tenant.
"The sheriff's office must then remove the tenant within 5 days."
Source 2 - Paying to stop the case
- In a nonpayment case, paying or offering the rent due and the court costs before judgment ends the case.
"pays or tenders the rent due and the costs of the action, all further proceedings in such action shall cease."
Source 1
Sample timeline: filed Monday, December 7, 2026
Earliest under the statute; courts' calendars often take longer.
- Answer or appear: Monday, December 7, 2026
- Hearing or trial: Monday, December 7, 2026
- Judgment: Monday, December 7, 2026
- Writ or warrant of possession: Thursday, December 17, 2026
- Earliest lockout: Thursday, December 17, 2026
Another date: open the estimator.
Help the official pages point to
- In a nonpayment case, paying or offering the rent due and the court costs before judgment ends the case.
- A statewide nonprofit legal aid organization that represents some tenants (source 2)
Worth knowing
To stay during an appeal, the tenant pays the undisputed back rent found by the magistrate (unless indigent) and signs a bond to stay execution.
Not stated on the pages we read: filing fee, right to counsel (statewide), diversion or mediation (statewide).
Official sources
- North Carolina General Statutes, Chapter 42, Article 3 (Summary Ejectment) (checked November 2026)
- North Carolina Judicial Branch: Landlord/Tenant Issues (checked November 2026)
General information, not legal advice; we are not lawyers. Not a court form. Earliest under the statute; courts' calendars often take longer.
Common questions
Which court hears eviction cases in North Carolina?
Small claims court (magistrate). Eviction (summary ejectment) cases are usually heard in small claims court by a magistrate.
How long does a tenant in North Carolina have to respond?
The tenant appears on the court date in the summons.
How soon after filing is the North Carolina hearing?
The tenant is summoned to appear no more than seven days (not counting weekends and legal holidays) after the summons issues. That's the statute's window; the court's own calendar decides the actual date.
When can a North Carolina landlord get the writ after winning?
Either side has 10 days to appeal to District Court; after that the landlord can ask the clerk for the writ of possession.
How long between the writ and a lockout in North Carolina?
The sheriff executes the writ within five days of receiving it and tells the tenant the approximate time.
Who carries out an eviction in North Carolina?
Sheriff. The sheriff's office removes the tenant. The officer acts on the court's order.
Can paying the rent stop a North Carolina eviction case?
In a nonpayment case, paying or offering the rent due and the court costs before judgment ends the case.
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