Notice Of Appeal To District Court {CVM-303}

NOTICE OF APPEAL þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 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 þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ complaint is a violation of G.S. 42-63 (criminal activity). G.S. 42-68(3).MANDATORY ARBITRATION þ Many counties have mandatory arbitration programs in which appeals from small claims court are heard by an arbitrator before they go to a district þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ Within ten (10) days after the magistrate222s 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 þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ appeal by paying the court costs.STOPPING ENFORCEMENT OF JUDGMENT þ Summary ejectment: þ 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 þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ clerk for the bond form (AOC-CVM-304) to allow you to stay on the premises. 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. þ Possession of personal property: þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 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 bond 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. þ Money judgment: þ If a money judgment has been entered against you, you do not need to sign 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 JusticeDistrict Court Division - Small ClaimsNOTICE OF APPEAL TO DISTRICT COURT Name Of PlaintiffName Of First DefendantName Of Second DefendantVERSUSG.S. 7A-228, 7A-230TO THE CLERK OF SUPERIOR COURT:As the plaintiff defendant in the above-captioned action, I hereby give written Notice of Appeal on the judgment entered. This Notice is given within ten (10) days after the date the judgment in this action was entered. þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ 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 1Signature Of Appealing Party 1Name 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) American LegalNet, Inc. www.FormsWorkFlow.com NOTICE TO PARTY NOT APPEALING CERTIFICATE OF SERVICE þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ request for a trial by jury with the clerk within ten (10) days after receiving this Notice and, within the same amount of time, you must mail copies of your written request to the other parties. See section on Mandatory Arbitration on Side One of this form.I certify that a copy of this Notice of Appeal was served by þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ the U.S. Postal Service directed to the þ defendant. þ defendant222s attorney. þ plaintiff. þ plaintiff222s attorney. delivering a copy personally to the þ defendant. þ defendant222s attorney. þ plaintiff. þ plaintiff222s attorney. þ leaving a copy at the þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ þ Other: Date Mailed/DeliveredSignature Of Person Serving Notice Of AppealName Of Person Serving Notice Of Appeal (type or print)TitleName And Mailing Address Of Appealing Party 1Name And Mailing Address Of Appealing Party 2 (if applicable)Name And Address Of Person To Whom Mailed/Delivered American LegalNet, Inc. www.FormsWorkFlow.com