Step 1: Late Rent or Lease Violation Notice (Email, Text, and Call)
If a tenant pays rent weekly, and they don’t pay rent within 2 days of the due date, an automatic “10-day pay or vacate” notice will be texted to the tenant to start the long eviction process.
If a tenant pays rent monthly, and they don’t pay rent within 5 days of the due date, an automatic “10-day pay or vacate” notice will be texted to the tenant to start the long eviction process.
If a tenant has a lease violation, they will be notified immediately to correct the violation. An automatic “10-day cure or vacate” notice will be texted to the tenant to start the long eviction process.
Once the violation is cured and/or paid in part or in full, the manager has the right to stop the eviction process. If tenant does nothing, the eviction attorney proceeds.
To file an eviction in North Carolina via eCourts, you must first serve the tenant with a “Notice to Quit,” then file a “Complaint in Summary Ejectment” with the clerk of court, either online via eCourts or in person. After filing, the court will issue a summons, and the documents must be properly served to the tenant before a court hearing can take place. 1. Issue a notice to the tenant
Provide the tenant with a written “Notice to Quit,” specifying the reason for eviction and giving them the required time to resolve the issue or vacate the property.
For non-payment of rent, this is typically 10 days.
Send the notice by certified mail and/or post it on the tenant’s door.
2. File the complaint
After the notice period expires, file a “Complaint in Summary Ejectment” with the Clerk of Court in the county where the property is located.
You can use the eCourts Guide & File online tool to prepare the documents, or file in person.
3. Serve the summons and complaint
The court will issue a summons with a hearing date, typically within 7 days.
This document, along with the filed complaint, must be officially served to the tenant.
This can be done by a sheriff’s deputy, or if you provide a stamped and addressed envelope, the court clerk will mail the documents.
4. Attend the court hearing
Go to the hearing and present your evidence to the magistrate.
If the landlord wins, the court will issue a Judgment for Possession, ordering the tenant to move out.
5. Obtain a Writ of Possession
If the tenant still does not leave, you can obtain a Writ of Possession from the court to have the sheriff forcibly remove the tenant.
Create New Account. The password expires after 30 days and the option to renew password doesn’t work.
1 postage paid and addressed envelope for EACH unit for the Sheriff if the Sheriff decides to mail the summons
1 business* (not personal) check written to Burke County Clerk of Court** for $96 x number of homes.
1 business* (not personal) check written to Burke County Sheriffs Department** for $30 x number of adults being served
Add phone number on documents so they can call if there is anything missing
* payment can be combined onto a business check, money order, or cashier’s check. $96 x 6 units = $576 on check ** the clerk’s check and the sheriff’s check must be separate checks
Create New Account. The password expires after 30 days and the option to renew password doesn’t work.
1 postage paid and addressed envelope for EACH unit for the Sheriff if the Sheriff decides to mail the summons
1 business* (not personal) check written to Gaston County Clerk of Court** for $96 x number of homes +$30 x number of adults being served.
Add phone number on documents so they can call if there is anything missing
* payment can be combined onto a business check, money order, or cashier’s check. $126 x 2 units = $252 on check ** one check: the clerk’s fees and sheriff’s fees go onto one check and the clerk pays the sheriff’s department.
Create New Account. The password expires after 30 days and the option to renew password doesn’t work.
1 postage paid and addressed envelope for EACH unit for the Sheriff if the Sheriff decides to mail the summons
1 business* (not personal) check written to Catawba County Clerk of Court** for $96 x number of homes.
1 business* (not personal) check written to Catawba County Sheriffs Department** for $30 x number of adults being served
Add phone number on documents so they can call if there is anything missing
* payment can be combined onto a business check, money order, or cashier’s check. $96 x 6 units = $576 on check ** the clerk’s check and the sheriff’s check must be separate checks
Catawba County: After Filing, Speed Up the Case Number and Request Service Online
Each county is a little different. This is how Catawba County works.
A. Right after the eviction papers are filed in eFile NC
Send a text with:
the eFile envelope number
the Catawba County Clerk of Superior Court phone number [CONFIRM AND FILL IN]
the basic case information: tenant name(s), unit and property address, filing type (Complaint in Summary Ejectment + Civil Summons), and the filing date
a reminder: the clerk has to create the case number before anything else can happen. Calling is optional, but if you call with the envelope number the clerk is more likely to focus on it and push it through.
B. When the case number exists
Wait for the email from the Catawba County clerk of court saying the case number was created. Only then move on to service.
C. Request service through the Catawba County Sheriff’s online Civil Payment Request Form
Complete the paperwork through eCourts, then submit the information through the sheriff’s Request-To-Pay form. Sheriff’s staff assign the fee and email a secure payment link. Enter the payment details on that link yourself.
Fees for service
In-state papers: $30.00 per paper
Out-of-state papers: $50.00 per paper
Additional fee: $1.00 envelope fee for ejectments and writs of real property if you do not provide your own envelopes
Example: a typical in-state eviction with 2 papers (Summons + Complaint) is 2 x $30 = $60, plus $1 if you do not supply an envelope. The sheriff’s staff set the actual fee, so check it against the payment link.
Other way to submit: mail or hand-deliver copies and payment to the Catawba County Sheriff’s Office Civil Division.
Status: the online request is being set up for automation. It has not been used on a case yet, so treat the first one as a trial run.
Step 3: Mail in Eviction Paperwork
Mail Eviction Docs PO Box 796 Morganton, NC 28680
Clerk of Court 828-433-3200
Courthouse Address 201 S Green St. Morganton, NC 28655
Mail Eviction Docs Attn: Civil Filing Department 325 Dr. MLK Jr. Way, Suite 1004 Gastonia, NC 28052
Clerk of Court 704-852-3100
Courthouse Address SAME AS ABOVE
Mail Eviction Docs Attn: Civil Filing/Small Claims 100 Government Dr., Dept A Newton, NC 28658
Clerk of Court 828-695-6100
Courthouse Address SAME AS ABOVE
Step 4: Court Preparation
Documents to Bring
Print out the Tenant Ledger
Sum up the (1) Late Fees, (2) Late Rent, (3) any other fees from violations or court costs
Print out the lease
Print out any pictures of any lease violations
Print out any addendums that prove the tenant violated the lease
Questions to Ask Tenant in Court
Can you state your full name for the court?
Do you live at [PROPERTY ADDRESS]?
Did you fall behind on your rent?
Did you sign a lease on [DATE]?
When was the last time that you paid rent?
Did you pay your [MONTH] rent?
Do you owe $_____ in back rent?
Do you owe $_____ in late fees?
No further questions your honor.
Step 5A: After Judgement – File Writ of Possession —
After winning an eviction, you need to file a Writ of Possession 11 days after the judgement. The tenant has 10 days to file an appeal after the judgement. If you want to give the tenant extra time to move out before they are forced to leave by the sheriff, you have up to 30 days to file the Writ. If you go over 30 days, you have to sign an affidavit that you haven’t received any money and you can file an extension up to 90 days. If you take money from the tenant before the writ is executed from the tenant that wasn’t awarded in court, the eviction summary ejectment needs to be filed again. If you haven’t received money and you still haven’t filed the writ within 30 days of the judgement, you need to fill out this 30-day After Judgement Writ Affidavit .WITH four (4) Writ of Possession forms.
Burke County Clerk of Court
Mail Writ Docs PO Box 796 Morganton, NC 28680
4 copy of Writ of Possession (above) for each writ (if eviction is 10 – 30 days old)
1 business* (not personal) check written to Burke County Clerk of Court** for $25 x number of homes.
1 business* (not personal) check written to Burke County Sheriffs Department** for $30 x number of adults being served
1 postage paid and addressed envelope to US so we can get a copy of the writ once executed.
Add phone number on documents so the sheriff can call and schedule a meeting time to change the locks on the door
Gaston County Clerk of Court
Mail Writ Docs Attn: Civil Filing Department 325 Dr. MLK Jr. Way, Suite 1004 Gastonia, NC 28052
4 copies of Writ of Possession (above) for each writ (if eviction is 10 – 30 days old)
1 business* (not personal) check written to Gaston County Clerk of Court** for $25 x number of homes +$30 x number of adults being served.
1 postage paid and addressed envelope to US so we can get a copy of the writ once executed.
Add phone number on documents so the sheriff can call and schedule a meeting time to change the locks on the door
Step 5B: After Judgement – File Notice of Rights (Money Collections)
After winning an eviction, you need to file a Notice of Rights 11 days after the judgement. The tenant has 10 days to file an appeal after the judgement. After filing the Notice of Rights, the tenant has 20 days to comply. If the tenant doesn’t comply within 20 days, a Writ of Execution if filed, which is when the sheriff goes to collect on the judgement.
