New CARES Act Affidavit Required for Summary Ejectments

Posted By: Jon Lowder Blog ,

The CARES Act affidavit was adopted by the Administrative Office of Courts pursuant to Emergency Directive 18, set forth below, that was included in Chief Justice Beasley’s Order of May 30. The link to the form online is: https://www.nccourts.gov/documents/forms/cares-act-affidavit-summary-ejectment. As stated in the directive the affidavit will need to accompany all new filings after June 1, and will need to be submitted prior to judgment for all summary ejectment complaints filed between March 27 and June 1.

EMERGENCY DIRECTIVE 18

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.