North Carolina Summary Ejectment: Small Claims Court & Appeals

N.C.G.S. Chapter 42 (Summary Ejectment)

North Carolina evictions are heard by a Small Claims Magistrate under N.C.G.S. § 42-26. The trial is scheduled as soon as 2 to 7 days after summons service.

10-Day Appeal to District Court

Under N.C.G.S. § 7A-228, an appeal from a magistrate's eviction judgment must be filed within 10 calendar days. The appeal results in a complete trial de novo before a District Court judge. To stay the writ of possession, the tenant must execute an appeal bond paying ongoing rent to the clerk.