--- title: "North Carolina Eviction Process and Court Timeline | MCC" description: "North Carolina eviction court steps: Small claims court (magistrate), answer At the hearing, writ 10 days, lockout Up to 5 days, sheriff. From official pages, w" url: "https://mcc-solutionsnj.com/tools/eviction-process-north-carolina" --- Eviction process · North Carolina # North Carolina eviction process and court timeline What happens after the landlord files: court, filing fee, hearing after filing, time to answer or appear, judgment to writ, writ to lockout, who carries out the lockout, paying to stop the case and right to counsel (statewide), from the state's own pages. **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 Filing fee $96 to file a summary ejectment complaint, per the Durham County packet on the Judicial Branch site, plus a $30 sheriff's service fee for each defendant. "$96.00 filing fee" Source 3 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 Right to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here. "An eviction right to counsel is created by an enacted law that, at a minimum:" Source 4, National Coalition for a Civil Right to Counsel (secondary source) ## Sample timeline: filed Monday, December 7, 2026 **Earliest under the statute; courts' calendars often take longer.** Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - **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](/tools/eviction-timeline-estimator?state=nc). ## Want us to handle it? A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice. **Price:** Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay. [Request a court filing](/notary/court-filing#request) ## 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:** diversion or mediation (statewide). ## Sources - [North Carolina General Statutes, Chapter 42, Article 3 (Summary Ejectment)](https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_42/Article_3.pdf) (checked November 2026) - [North Carolina Judicial Branch: Landlord/Tenant Issues](https://www.nccourts.gov/help-topics/housing/landlordtenant-issues) (checked November 2026) - [North Carolina Judicial Branch (nccourts.gov): Durham County Pro Se Summary Ejectment Packet Instructions](https://www.nccourts.gov/assets/inline-files/Durham-Pro-Se-Summary-Ejectment-Eviction-Packet-Instructions.pdf) (checked November 2026) - [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". 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. Notice step: [notice periods](/tools/landlord-tenant-notice-periods-by-state) · Deposit step: [deposit rules](/tools/security-deposit-rules-by-state) · All states: [eviction process by state](/tools/eviction-process-timeline-by-state) · [New Mexico](/tools/eviction-process-new-mexico) · [Ohio](/tools/eviction-process-ohio) ## Keep rental records in order [Bookkeeping for landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)