New CARES Act Requirements

You may recall new North Carolina requirements relating to eviction cases and CARES Act compliance. Following up on that, Emergency Directive 18 from the Chief Justice states:

• In all summary ejectment proceedings filed pursuant to Article 3, Chapter 42 of the North Carolina General Statutes on or after 27 March 2020, no writ of possession for real property shall issue unless a finding is made that the property which is the subject of the complaint is not a covered property as defined by Section 4024(a)(1) of the CARES Act.
• The Administrative Office of the Courts is directed to promulgate a form affidavit to be completed by plaintiffs in any such actions. For any summary ejectment or residential eviction action instituted on or after 27 March 2020 and before 1 June 2020, such affidavit shall be completed and submitted before final judgment by a magistrate is entered. For any summary ejectment action instituted on or after 1 June 2020, such affidavit shall accompany the filing of the complaint such that a copy of the affidavit will accompany the summons and complaint when served on the defendant.

What does this mean? This means that starting Monday, June 8, until the CARES/Act expires, all cases will require an affidavit. Our team is ready and willing to assist you, please contact us if you have any questions.