Dare County, NC
MenuReturn of Personal Property
The forms needed for filing a lawsuit for the Return of Personal Property are outlined below. Please be sure to sign and date the Complaint. Your case will be scheduled for a court date within 30 days from the filing of your Complaint.
Complaint to Recover Possession of Personal Property Form AOC-CVM-202.
For ONE Defendant, provide ONE original and TWO copies.
For TWO Defendants, provide ONE original and THREE copies.
For THREE Defendants, provide ONE original and FOUR copies.
Magistrate Summons for Summary Ejectment/Evictions Form AOC-CVM-100.
For ONE Defendant, provide ONE original and THREE copies.
For TWO Defendants, provide ONE original and FIVE copies.
For THREE Defendants, provide ONE original and SEVEN copies.
If you would like a copy of any filed paperwork returned to you via mail, please send additional copies and a Self-Addressed Stamped Envelope or include the appropriate copy costs and postage fees.
Filing Fee: $96.00
Sheriff’s Service Fee: $30.00/per Defendant
Copy Cost: $2.00/1st page then $0.25 for each additional page
Envelope/Postage Cost: $0.50 per Envelope
Fees must be paid by cash, money order, cashier’s check, credit card or debit card. Personal checks are NOT accepted.
Writ of Possession on Personal Property Form AOC-CV-402. There is a 10 day appeal period after you case is heard by the magistrate. If the defendant(s) has not filed an appeal by the 11th day following the entry of a judgment in your case AND the property has not been returned to you, a Writ of Possession may be filed in the Clerk’s office. The filing fee for the Writ of Possession is $25.00 and service of process by sheriff is $30.00 per defendant.
Appeals: If you would like to appeal a magistrate’s judgment in a small claim action, please contact our office for further details. Please be aware that you only have 10 days from the date the judgment was entered against you to file your appeal. The cost of appeal is $150.00 in addition to perfecting your appeal through the posting of a bond. The bond amount is dependent upon the findings in your case.
For more information, please contact the Clerk’s office.
Complaint to Recover Possession of Personal Property Form AOC-CVM-202.
For ONE Defendant, provide ONE original and TWO copies.
For TWO Defendants, provide ONE original and THREE copies.
For THREE Defendants, provide ONE original and FOUR copies.
Magistrate Summons for Summary Ejectment/Evictions Form AOC-CVM-100.
For ONE Defendant, provide ONE original and THREE copies.
For TWO Defendants, provide ONE original and FIVE copies.
For THREE Defendants, provide ONE original and SEVEN copies.
Servicemembers Civil Relief Act Affidavit — Please prepare this Affidavit and file it along with all civil pleadings to verify military status of each of your defendants or respondents. A judgment may NOT be entered in any civil case in which the defendant/respondent has not made an appearance until this Affidavit has been completed and filed with the Clerk’s office.
If you would like a copy of any filed paperwork returned to you via mail, please send additional copies and a Self-Addressed Stamped Envelope or include the appropriate copy costs and postage fees.
Filing Fee: $96.00
Sheriff’s Service Fee: $30.00/per Defendant
Copy Cost: $2.00/1st page then $0.25 for each additional page
Envelope/Postage Cost: $0.50 per Envelope
Fees must be paid by cash, money order, cashier’s check, credit card or debit card. Personal checks are NOT accepted.
Writ of Possession on Personal Property Form AOC-CV-402. There is a 10 day appeal period after you case is heard by the magistrate. If the defendant(s) has not filed an appeal by the 11th day following the entry of a judgment in your case AND the property has not been returned to you, a Writ of Possession may be filed in the Clerk’s office. The filing fee for the Writ of Possession is $25.00 and service of process by sheriff is $30.00 per defendant.
Appeals: If you would like to appeal a magistrate’s judgment in a small claim action, please contact our office for further details. Please be aware that you only have 10 days from the date the judgment was entered against you to file your appeal. The cost of appeal is $150.00 in addition to perfecting your appeal through the posting of a bond. The bond amount is dependent upon the findings in your case.
For more information, please contact the Clerk’s office.