N.C. Gen. Stat. § § 42-31
Trial by magistrate.
Operative Text
If the defendant by his answer denies any material allegation in the oath of the plaintiff, the magistrate shall hear the evidence and give judgment as he shall find the facts to be. If the magistrate finds in favor of the plaintiff, the magistrate's judgment shall include an order to the clerk of superior court providing that if the judgment is appealed by the defendant, the clerk of superior court is compelled to pay to the plaintiff any amount specified in subsection (e) or (g) of G.S. 42-34 within five business days of a written request by the plaintiff. (1868-9, c. 156, s. 23; Code, s. 1770; Rev., s. 2005; C.S., s. 2370; 1971, c. 533, s. 6; 2024-54, s. 3(b).)
Under N.C. Gen. Stat. § 42-31, when a tenant (defendant) disputes a material claim made by a landlord (plaintiff) in a summary ejectment proceeding, the magistrate is required to weigh the evidence and render a judgment based on the facts found. If the magistrate rules in the landlord's favor, the judgment must include a directive to the clerk of superior court: should the tenant appeal, the clerk is obligated to pay the landlord any bond or deposit amounts specified under G.S. 42-34(e) or (g) within five business days of a written request. This provision ensures that a landlord who prevails at the magistrate level has a defined mechanism for accessing certain funds even while an appeal is pending.
Plain English — not legal advice.
Under N.C. Gen. Stat. § 42-31, landlords who prevail in a contested summary ejectment hearing before a magistrate should be aware that the resulting judgment will contain a specific order directed to the clerk of superior court. That order compels the clerk to disburse to the landlord any applicable amounts under G.S. 42-34(e) or (g) within five business days of a written request, if the tenant files an appeal. Operators familiar with this provision typically confirm that the magistrate's written judgment includes this clerk-directed language before the hearing concludes, and they understand the written-request process that triggers the five-business-day disbursement window.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.C. Gen. Stat. § 42-31 governs what happens at the magistrate level when a tenant contests the landlord's claims in a summary ejectment case: the magistrate must hear evidence from both sides before entering judgment. If the magistrate rules against the tenant and the tenant chooses to appeal, the judgment will include an order allowing the landlord to request certain funds from the clerk of superior court — specifically those described in G.S. 42-34(e) or (g) — within five business days of a written request. Tenants who are considering an appeal may want to consult a tenant-rights organization or legal aid provider to understand how those fund provisions could affect their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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