Gaston County Eviction Procedure
(as conducted June 2003)

  1. Supply a 10 day notice to the renter informing him/her that they have 10 days to correct the breach of contract be it unpaid rent or other violation.

  2. At the expiration of 10 days, go to the Gaston County Courthouse and submit a Summary Ejectment and Magistrate Summons. There are 3 copies of each form and 2 stamped envelopes required along with $60.00 cash.

      a. One copy will be mailed to you.

      b. One copy will be mailed to the rental property.

      c. The third will be served by a sherrif to the rental property.

  3. After step 2 is complete, the magistrate will issue an appearance (court date). The plantiff or a representative must appear in court on that date.

  4. If the case is won by the plantiff, the defendant then has 10 days to appeal the ruling. In that waiting period the plantiff is still not allowed to enter the premises.

  5. After the appeals period is over, go to the Gaston County Courthouse and submit a Writ of Possession to obtain possession of the premises. There are 3 copies of the "Writ" and 2 stamped envelopes required along with $27.50 cash.

      a. One copy will be mailed to you.

      b. One copy will be mailed to the rental property.

      c. The third will be served by a sherrif to the rental property.

  6. After a 7 day waiting period the sherrif will meet you on the rental property and legal possession will be returned to you.


Last Updated: April 6, 2007
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