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Legal Advice for Clients of the Eviction Team

The attorneys at Loebsack & Brownlee know that every situation is unique and that when it comes to evictions, our clients are often faced with difficult decisions. Our goal is to serve as competent and trusted advisers and to provide our clients with timely and relevant legal advice.

Because we seek to help you achieve the best possible outcome in each of your cases, all eviction-related legal advice is provided free of charge. Our attorneys are available to provide the answers you need so that you can be confident that the choices you make are legally sound.

Common Questions

What is the process for getting my tenants evicted?

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The process varies from state to state, but in North and South Carolina, evictions typically follow a 4-step process:

  1. Notify tenants of their breach and demand possession of the Premises (if necessary);
  2. File a Complaint in Summary Ejectment (Small Claims Court);
  3. Obtain a Judgment for Possession from the Magistrate; and
  4. File a Writ of Possession and have the Sheriff schedule a lock-out.

How much will the attorney’s fees be for an eviction?

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The attorney’s fees we charge for each eviction case are set for you in advance, and are based upon the nature of each eviction situation. As you might expect, non-payment of rent cases will have the lowest fees; but even more complex cases (e.g. criminal activity, unauthorized occupant) can also be handled on a flat fee basis. Regardless of the type of eviction, then, our services will always have predictable and pre-determined fixed costs.

Click “Our Process” up above and choose your state to see an interactive calculator that will help you with an estimate of costs and fees.

How long will the eviction process take?

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North Carolina

  • In North Carolina, a typical eviction can take up to 6 weeks from filing of the Complaint to the date the locks are changed.
  • Once the Complaint has been filed, the eviction hearing is scheduled by the Clerk of Court, typically about 2 weeks after the filing date.
  • Following the hearing, N.C. law mandates a 10 day waiting period, during which time the tenant can: move out, work out a payment agreement with the Landlord, or file a Notice of Appeal with the Court.
  • Following the 10 day appeal period, if the tenant has not filed an Appeal, paid in full, or moved out, you can submit a request to TheEvictionTeam.com to file a Writ of Possession with the Court, directing the Sheriff to schedule a lock-out date.
  • After the Writ is filed, the Sheriff will notify you and the tenant by mail of the date the lock-out will occur – typically 7-10 days after the Writ is filed.

South Carolina

  • In South Carolina, a typical eviction can take 2 to 6 weeks from filing of the Complaint to the date the locks are changed.
  • Once the Complaint has been filed, the sheriff attempts to serve the tenant by hand.  Depending on your county and local sheriff, this can take 1-2 weeks.  If the tenant is successfully served by hand, he has 10 days to respond to the court.
  • If the sheriff cannot serve the tenant successfully by hand, he will serve them by mail and you must wait 21 days from the date of mailing.
  • If the tenant does not respond to the court within the required time (referred to as the “end of answer period”), you may then request a Writ of Possession.
  • If the tenant responds to the court and a hearing is scheduled, you will be notified of the date and time and you should plan to attend court with your attorney.  Typically, when judgement is granted in court, the magistrate will notify you at that time when you may file the Writ of Possession to have the tenant removed.
  • After the Writ of Possession has been filed with the court, the sheriff will post the writ on the property giving the tenant 24 hours to vacate.  After that 24 hours has expired, you may contact the sheriff to schedule the put out.

** In South Carolina, several jurisdictions vary slightly from this timeline.  Please check with your team member here at The Eviction Team to verify the specific policies for your jurisdiction.

How do I begin an Eviction using TheEvictionTeam.com?

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Register Now to become a client of The Eviction Team.

Once you have signed our Firm’s Representation Letter, we will coordinate with our eviction software partner to set up your online account. Training is also offered to new clients, to assist you with learning all the features and tools that are available in the site. Once you login, though, submitting a request for an eviction filing is as simple as filling in all the required fields, and clicking “Submit.”  We’ll receive electronic notification of your request, along with all of the information you’ve provided, and we take it from there to get your eviction(s) prepared and your hearing date scheduled.

How will I know when my hearing or lock-out is scheduled?

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After you’ve submitted an Eviction Filing Request, our staff will process the paperwork, file the Complaint in Summary Ejectment, and will then enter the hearing date into the site. Then, you can simply log in any time and check the hearing date and time for any case you’ve filed.

After you’ve submitted a Writ of Possession Request, our staff will process and file the Writ of Possession for you, and will notify the Sheriff of your contact information. The Sheriff will then mail you a set of documents, and also call you to schedule the date and time for the lock-out to occur.

Do I have to attend the Eviction Hearing?

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It depends upon the type of eviction you are requesting, but for non-payment cases, we can typically handle the eviction hearing without you having to attend. However, if you are needed for the hearing, our attorneys or staff will let you know. When that happens, we can often schedule the eviction hearing for a date and time that will work with your schedule.

What if the tenant pays me or moves out – how do I stop the eviction?

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Simply click on the Nationwide Eviction Processing Login button and then click on Dismissal or Vacate next to that tenant’s name. Choose the appropriate reason, and click submit.

Just a note: Once the paperwork is filed with the court, requesting a dismissal will not stop the tenant from being served by the sheriff.  They will still be served, but you may let them know that you’ve requested a dismissal and that will take place on the day of court.

Do you automatically file the Writ of Possession for me?

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No – we will not file a Writ of Possession unless you have submitted a Writ of Possession Request through TheEvictionTeam.com. That way, you will not be charged Court Costs and attorney’s fees for a Writ that you might not have needed.

Loebsack & Brownlee, PLLC

Attorneys at Law
Info@TheEvictionTeam.com
Charlotte: 704.970.3900
Raleigh: 919.792.1690
Charleston: 843.647.7989
NC Fax: 866.626.8381
SC Fax: 888.797.6680

Eviction Team News

Holiday Announcement

Our offices will be closed on Friday, July 3rd, in observance of Independence Day on the 4th. Have a happy and safe 4th.

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