EVICTIONS PAPERWORK INSTRUCTIONS

Paperwork was updated September 2019. Make sure you are using the latest version.
The new version includes a redesigned summons and judgment form.
If you spot a typo or formatting error, let me know and I will correct it.

INITIAL PAPERWORK

COMPLAINTS

  • Bring in 5 copies if there is one defendant. Bring in 7 copies if there are two defendants.

  • Make sure to also date, sign and print your name on each line in the bottom right.

  • Put the defendant’s street address and apartment number together on the second line. There is no need to include the apartment community name with the defendant’s information.

  • There are separate boxes for city, state initial, and ZIP code for each defendant.

  • For holdovers, fill in the date the lease ended in section 2. Make sure to check the holdover box in section 3 and write “Holdover” under Description of Breach.

SUmmons

  • Durham & Orange: Bring in 3 copies if there is one defendant. Bring in 5 copies if there are two defendants.

  • Wake: Bring in 4 copies if there is one defendant. Bring in 5 copies if there are two defendants.

Servicemembers Civil Relief Affidavit & DOD Status Report

  • Bring in a SCRA Affidavit and a Dept. of Defense Status Report for each defendant.

  • Get a DoD Status Report here: https://scra-w.dmdc.osd.mil/scra/#/single-record

  • Make sure to print both sides of each document and staple the DoD Status Report behind the SCRA Affidavit.

  • If you can, make sure the SCRA Affidavit is signed and notarized before bringing it in.

  • If you can not get the affidavit notarized, do not sign it.

Envelope

  • Durham & Orange: Bring in a stamped envelope for each defendant.

  • Wake: Bring in a stamped envelope for each case.

  • Every envelope needs to include a return address.

BEFORE COURT

Dismissal

  • Make sure to fill in the case number up top and the court date. Use appropriate court number format: 19 CVM XXXX (ignore leading zeros). Date and sign at the bottom. Bring all dismissals to court.

judgment

  • Make sure to fill in the case number up top.

  • Under “Findings:”

    • Wake & Orange: In the blank space to the right of section 3a, fill in the amount of rent prorated to the day of court.

    • Durham: In the blank space to the right of section 3a, fill in the amount of rent that was past due at the time you filed the complaint.

  • Under “Order,” only fill in the box for Rate of Rent. Make sure you use actual rate.

  • Bring one judgment form per case to court.

After Court

Writs

  • Bring in 4 copies if there is one defendant. Bring in 5 copies if there are two defendants.

  • Writs can be filed eleven days after the court date, except when the eleventh day is on a weekend or court holiday. Writs will be filed the Monday after or the next day.

  • Make sure to fill in the case number up top and the court date (under Date of Judgment). Use appropriate court number format: 19 CVM XXXX (ignore leading zeros). Do not sign or fill in anything on the right side of the form.

  • Writs can be held up by the clerk if one of them has been appealed. If you receive an appeal, let us know ASAP so the writ can be pulled.

Paperwork Downloads

Make sure to download the PDF to your computer.
Some web browsers just open the PDF in new browser tab or window.

Durham

ORANGE

WAKE