Sheriff David M. Carpenter

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What is the eviction process?

The process of eviction in North Carolina begins with giving the tenant a written notice of nonpayment.  After the written notice is delivered, you must allow a ten day grace period for payment before proceeding with the Summary Ejectment process.  The next step is the filing of a Complaint for Summary Ejectment.  You may file at the Lincoln County Courthouse Clerk of Court’s Office located  in Lincolnton. You must supply a self addressed stamped envelope addressed to the tenant when filing.  Following the filing, a court date will be set for appearance in small claims court, or magistrate’s office.  A summons will be issued for the tenant. Summons in Summary Ejectment are issued in a special type of small claims action which requests possession of real property and the eviction of current tenants.  This action is available for landlords or owners to regain possession of their real property from tenants or other unlawful possessors of real property.  The summons will be issued to the Sheriff’s Office for service.  The summons must be served by one of the approved methods set forth in North Carolina General Statute 42-29.  The service of the Summons in Summary Ejectment must be completed before the court date.  THIS IS THE ONLY SUMMONS WHICH MAY BE LEGALLY SERVED THROUGH POSTING ON THE PROPERTY IN QUESTION.  By allowing posting of this type of summons, it will be an extremely rare situation where the summons could not be served by posting.  (For example:  the plaintiff fails to put the correct address of the property on the summons).

 Posting of the property allows the court jurisdiction over the property and possession may be awarded even if the tenant/defendant does not appear in court.  However, in Lincoln County, money owed is traditionally not awarded unless the tenant/defendant is personally served (or left a copy for tenant with someone residing at the residence), or is present for the proceedings. DUE TO THE SHORT PERIOD OF TIME FOR SERVICE ON SUMMARY EJECTMENT CASES WE CANNOT GUARANTEE PERSONAL SERVICE. 

Once the judgment is awarded, there is a ten day appellate period.  Once this period has expired, you must go the Clerk’s Office and file for a Writ of Possession of Real Property.  The Clerk will issue the Writ to the Sheriff’s Office for service. When the Sheriff's Office receives the Writ we are required by General Statute to give the defendant at least/nor more than five (5) days notice that we are coming out to do an eviction. We do this by mailing them a letterinforming them of the date the eviction is scheduled.  You will receive instructions from the Lincoln County Sheriff’s Office by phone regarding the date and time of your eviction. 

Once the eviction has been carried out by the Lincoln County Sheriff’s Office, the tenant/defendant still has a seven (7) day period to contact the landlord/plaintiff in retrieving any personal property that might have been left inside the house/dwelling.  After the seven (7) day period the landlord/plaintiff may dispose of the property set forth in North Carolina General Statute 42-25.9(g)  The web site below will take you to the chapter of NC General Statute (42) that deals specifically with Landlord-Tenant:

When Real Property is sold at Judicial Sale, the purchaser shall contact the Clerk of Superior Court to request an Order for Possession or Writ of Possession of real property ordering an eviction.  This process needs to be completed when the property is occupied or has personal property inside in accordance with G.S. 1-339.29, G.S. 1-339.68 and G.S. 45-21.29.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html

 

 
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Newsflash

New Rules When Applying for Gun Permits

 

 

  • Applications for pistol purchase permits may be submitted in person at the Lincoln County Sheriff's Office with payment of the $5.00 fee per permit.  There is no limit on the amount of permits that can be purchased.  There is no limit on the number of gun permits that can be purchase at one time.

 

  • The Lincoln County Sheriff's Office, as a convenience and courtesy to the public, is also accepting on-line applications submitted through a private company's on-line application procedure. This option is strictly VOLUNTARY and any handling fee is between the company and the applicant.

 

  • The $5.00 fee is payable for each pistol permit application received.
 
 

Crime Stopper Reports

  Crimestoppers may pay a reward of up to $1,000 for an anonymous tip that leads to an arrest in any crime. Anonymous tips can be called into the Crimestoppers Tip Line 24 hours per day, seven days per week at  (704) 736-8909. 

 

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Lincoln County Sheriff's Office

700 John Howell Memorial Dr. Lincolnton, NC 28092

704 732-9050 (Main Office)

704 732-9020 (Jail)

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