Legal Entities
Landlord-Tenets
Prejudgement
Post-judgement
Summons/Subpoenas
100
Define: Natural Person
What is an individual human being.
100
What are the 4 steps to serving a Summary of Ejectment ?
What is 1. Mail a copy 2. With in five days try to call, or have the defendant come in. 3. within five days make one-two visits to location, two days prior to appearance in court. 4. Post.
100
What is a Prejudgement Remedy?
What is Attachment, Garnishment, Claim and delivery, or restraining orders/ injunctions.
100
What are the types of Executions ? (Post Judgement)
What is Executions against the property, Executions against the person, Executions for delivery of specific property.
100
What is a Magistrates Summons ?
What is Small Claims court. 10,000$ or less. Issued by the clerk of court. (Must be served 5 days before court)
200
Define Corporation:
What is a business which has taken the steps to be created and recognized as a separate legal entity. (Letters of incorporation have been filed with the NC secretary of State) this incorporation means it can be sued and can own property. (LLC,PLLC)
200
What does a Landlord need to do to Evict?
What is 1. Verbal/ Written Notice (10 days), 2. Clerks officer (Magistrates Summons) Summary Ejectment 3. Take Paperwork to the Sheriff's Office. 4. Get a Writ or Possession from court. 5 Take to Sheriff office. 6. Deputy has to take possession and give to landlord.
200
What is an attachment?
What is court order authorizing the seizure of real or personal property sufficient amount to satisfy a judgement. (Items sold and money given satisfy judgement, No possession)
200
What are Executions Against the Property?
What is for satisfaction of a money judgement, sheriff is to seize personal property and real property to sell.
200
What is a Civil Summons ?
What is District or Superior Court: Medical Malpractice, personal injury, Family Law... (60 days to serve).
300
Define Partnership:
What is an association of who or more persons to carry on as co-owners of a business for a profit. All partners are jointly liable for the acts and obligations of the partnership.
300
What is Self Help Eviction?
What is illegal, where the landlord bullies the tenant out of the residence.
300
What is a Garnishment?
What is tangible personal property of the defendant but not in their possession. (Third Party) Example: Child Support
300
What are Executions Against the Person?
What is "Civil order for Arrest". Very Rare
300
What is a Special Proceedings summons?
What is heard initially by the Clerk and includes: Adoptions, Parental rights, visitation, foreclosures for failing to pay mortgages.
400
Define Unincorporated Association, Organization, or society other than a partnership.
What is Voluntary group of persons formed by mutual consent for the purpose of promoting a common goal or object. A Society is a group of persons united together in order to deliberate, determine, and act jointly for some common purpose.
400
What is the eviction process for weekly vacation rentals?
What is Same process just a little faster in court than regular Landlord Tenants procedure of Summary of Ejectment.
400
What is Claim and Delivery
What is The purpose is to claim the immediate delivery of certain specific personal property. (It is the only civil process which specifically requires the sheriff to break and enter to carry out seizure of personal property. )
400
What is Execution for Delivery or Specific Property?
What is Writs of Possession for Real Property and Writs of Possession for Personal Property.
400
What is a Subpoena?
What is a legal process that commands a person to appear in court at the appointed time. Two Kinds: To testify or to produce evidence.
500
Define Sole Proprietorship
What is individual that owns a business not incorporate and no partners.
500
What is eviction process for Motel/Hotels?
What is They can just lock you out and take your stuff outside. (Have you removed)
500
What is a Bond in a prejudgement?
What is the Undertaking, amount off monies put down by the for the value of the items taken, double or equal to the value to cover any damages. If the bond is matched, then the property is returned. (3 days )
500
When are Executions issued?
What is 10 days after court but not past 10 years after court
500
Who can produce a subpoena?
What is Clerk, Judge, Magistrate, Attorney acting as officer of the court.
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