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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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  • North Carolina – 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. If you are available to attend the hearing, it would never hurt to be present, just in case the tenant shows up in court and testifies or presents evidence.  When this happens, it’s always helpful to have someone from the property there to testify as well.  Otherwise, the judge might dismiss or continue the case.  If you know that a tenant is going to show up in court, please notify your attorney to discuss the matter in advance and plan to attend.
  • South Carolina – Because the laws and court procedures are different in South Carolina, someone from the management team at the community is REQUIRED to attend all hearings. This should be someone with direct knowledge of the case. Our attorney will do all of the talking and take care of everything, but you will need to be there just in case you’re needed to be called as a witness as the State of South Carolina will not let your attorney testify to the facts of the case on your behalf.

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 our online eviction portal. That way, you will not be charged Court Costs and attorney’s fees for a Writ that you might not have needed.

I dismissed an eviction. Why was the tenant still served papers?

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Because no online eviction system is directly connected with the court system, requests for dismissal online are not instantaneous.  Once the paperwork is filed with the court, the tenant will always be served by the sheriff.  If they ask why they were served even though you dismissed it, just let them know this and also that your attorney will take care of it on the day of court.  Unfortunately, it cannot be done in advance.

If you want to give them some peace of mind, you may click the red gavel to the right of their name on the eviction website and print out the report showing when you requested the dismissal.

Please Note: Dismissing an eviction in the online system does not mean that you will not be charged. We try to process evictions as quickly and efficiently as possible, and depending on which county we are currently processing when you submit, your evictions could be processed in minutes or in hours. If you dismiss an eviction before you receive the invoice and you want to know if you will be charged, please contact your processor directly (see our staff directory for contact information) to find out if your evictions have been sent out or not. If we have already reviewed and/or processed your paperwork, we will still need to bill for our time, although we might be able to save you on the filing fees and service fees if the paperwork has not left our office and gone to the courthouse.

One of my cases was declined by the attorney. Now what?

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In the rare instance that one of your cases is defective and it cannot be filed, one of our attorneys will “decline” the case in the online system.  You will receive an automated email from the system explaining, but only after one of our attorneys or paralegals has personally contacted you to discuss the matter.

After the case has been declined in the system, the tenant’s name will turn red.  At this point, the case is dead, so you will need to dismiss the case on your side of the system.  It disappears from the firm’s side of the software completely and we cannot see it or interact with it even if you go back and add or update information.

If, at a later date, you are ready to file on that same tenant again, you will NOT be able to reactivate that declined case, but you will need to file a brand new request instead.

What are your invoicing procedures?

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Invoices are automatically emailed out the same night that we process your eviction or writ requests.  By default, invoices are sent to each user’s email address.  If you have multiples user logins (ie manager, assistant manager, leasing, etc.), each of these people will receive an email copy of the invoice.  This is a great backup in case someone is unexpectedly out of the office or on extended leave.

The system also sends out an automated reminder when an invoice hits 15 days old and is still unpaid.  Then, on day 30, when the invoice is officially past due, regardless of the amount, the system sends out a final notice and lets you know that your account has been placed on a temporary hold until payment is posted.

Per our representation agreement, our invoices are due upon receipt and late at 30 days.  We post checks the same day that we receive them, typically by lunchtime.  We kindly ask that you do not call our office to see if a check has been received.  Instead, please login to the eviction portal and click on the Invoices tab.  The data found there is updated in real time as we receive and post funds.  If we receive a credit card payment, we go ahead and override the temporary lockout so that you may proceed with your filings, but you won’t see the invoice “closed” until the credit card funds actually arrive in our bank account, which is typically 2-3 business days later.

Invoices can be sent to additional email addresses as needed.  Please contact info@theevictionteam.com if you would like to set up additional users to receive invoices.

Invoices can also be downloaded from the website at anytime by logging in and clicking on the Invoices tab.  Currently, the system defaults to statement view, but you will notice the choice to switch to Invoice view just underneath the original Invoices tab that you clicked.

Why did I receive two invoices for the same eviction?

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Please be sure to read through the pricing sheet in the welcome packet so you are aware of supplemental charges for evictions that are for any reason other than non-payment, for mobile home communities, public housing properties, and cases involving a project-based or tenant-based section 8 vouchers, as well as for additional services such as corporate defendant service fees and other items. You will receive a preliminary automated invoice for our base rate (will start with the letter C) and then you will receive a supplemental invoice for the additional charges (will start with the letters CA or CM).  You will need to pay both invoices as the combined total is the true total.  If you’re ever filing an eviction for something other than non-payment, please visit our website’s interactive calculator for an estimate. The calculator is located on the “Our Process” page for each state.

If you’re a client of our firm and you’re looking for more legal answers, click the button below to access our Client Portal.

Client Portal
Loebsack & Brownlee, PLLC

Attorneys at Law
Info@TheEvictionTeam.com
Charlotte: (704) 970-3900
Raleigh: (919) 792-1690
Charleston: (843) 647-7989
NC Fax: (704) 246-3142
SC Fax:  (843) 647-7188

Eviction Team News

Happy 5th Anniversary!

Today, December 4th, marks Loebsack & Brownlee, PLLC’s 5th Year Anniversary! We are so proud of where this company came from, and even more excited about where we are going! Thank you to each and every one of our team members – you are all integral to our success, and this company could not function without you! Thank you to our clients, for putting your full faith and confidence in us to be your partners – both in eviction services, and so much more!

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