Fill and Sign the To District Court Form

NOTICE OF APPEAL If you did not give Notice of Appeal to the magistrate in open court at the time the judgment was rendered, you may file this written Notice of Appeal with the clerk within ten (10) days after the judgment is entered. You\ have a right to request a trial by jury. If you do not ask for a jury trial, you will be given a trial by a judge without a jury. You must mail or deliver copies of this form to all of the other parties. If you mail them before filing this form with the Clerk, check the block in the body of the form indicating you have served the parties and fill out the back of the original of this form. If you mail copies after filing this form with the Clerk, you must file a separate certification of service with the Clerk. You must file an answer to the allegation if the complaint is a violation of G.S. 42-63 (criminal activity). G.S. 42-68\ (3). MANDATORY ARBITRATION Many counties have mandatory arbitration programs in which appeals from \ small claims court are heard by an arbitrator before they go to a district court trial. You will be notified if your case is assigned for mandatory arbitration and, if so, what you must do. COURT COSTS Within ten (10) days after the magistrate’s judgment is entered in \ a summary ejectment case, and within twenty (20) days in all other cases, you MUST PAY to the clerk in cash the court costs for appealing the case, or your\ appeal will be dismissed. If you cannot afford to pay the appeal costs, you may ask the clerk for the form to appeal as an indigent (AOC-G-106). You must file the form to appeal as an indigent within ten (10) days after the judgment was entered. If the appealing party petitions to qualify as an indigent, and the petition is denied, that party has an additional five (5) days to perfect the appeal by paying the court costs. STOPPING ENFORCEMENT OF JUDGMENT Summary ejectment: If you are a tenant appealing from a summary ejectment judgment entered \ against you and you wish to stay on the premises until the appeal is heard, you must SIGN A BOND that you will pay your rent as it becomes due into the Clerk’s office; you must PAY IN CASH the amount of rent in arrears as determined by the magistrate; and if the judgment was entered more than five (5) days before the next rental payment is due, you may also have to PAY IN CASH the prorated amount of rent due from the date the judgment was entered until the next rental payment is due. Ask the clerk for the bond form (AOC-CVM-304) to allow you to stay on the prem\ ises. If you have not signed this bond and paid the prorated amount of cash within ten (10) days after the judgment was entered, the landlord can \ ask to have the sheriff remove you from the premises even though the case is being appealed. Possession of personal property: If the magistrate’s judgment ordered you to return specific personal property to the other party and you wish to continue to hold that property until the appeal is heard, you must sign a bond, signed by at least one surety\ , that you and the surety will pay any costs and damages if you do not comply with the judgment of the district court. Ask the clerk for the bo\ nd form (AOC-CVM-906M). If you have not signed this bond within ten (10) days after the judgment was entered, the other party can ask to have the\ sheriff take the property from you even though the case is being appealed. Money judgment: If a money judgment has been entered against you, you do not need to sig\ n a bond to stop enforcement. The judgment is automatically stayed until the appeal is heard. STATE OF NORTH CAROLINA County File No. Judgment Abstract No. In The General Court Of Justice District Court Division - Small Claims NOTICE OF APPEAL TO DISTRICT COURT Name Of Plaintiff Name Of First Defendant Name Of Second Defendant VERSUS G.S. 7A-228, 7A-230 TO THE CLERK OF SUPERIOR COURT:As the plaintiff defendant in the above-captioned action, I hereby give written Noti\ ce of Appeal on the judgment entered. This Notice is given within ten (10) days after the date the judgment in this action was en\ tered. I certify that today I have served copies of this Notice to all parties \ involved in this action. I understand that I must pay to the Clerk of Superior Court the court co\ sts for appeal within twenty (20) days after the magistrate rendered j\ udgment (ten (10) days in summary ejectment cases), unless I am authorized t\ o appeal as an indigent, or my appeal will be dismissed. If I am the def\ endant, I also understand that in certain cases if I wish to stay execution of the judgment, I may be required to sign a bond and that the plaintiff may have an execution issued after ten (10) days if I have not signed the required bond. Also, I demand that this Appeal be tried before a judge. jury. Name Of Appealing Party 1 Signature Of Appealing Party 1 Name Of Appealing Party 2 (if applicable)Signature Of Appealing Party 2 (if applicable) NOTICE TO THE APPEALING PARTY Date Of Entry Of JudgmentDate Of Appeal Date Costs PaidAmount Of Court Costs Paid $ (Over) AOC-CVM-303, Rev. 8/17