We Won, But New Motion

What is the name of your state? North Carolina
We won a small claims court judgement, the defendant appealed, we went to arbitration, we won, the defendant appealed, we went to District Court, he never showed, the judge heard the case anyway, we won. We waited our 30 days, and after no appeal, filed a Notice of Rights, which he was served with by the Sherriff, waited our 20 days, file a Writ of Execution. Called the clerk of court to find out the status, and found out that he filed for a motion to a new trial?????? Isnt his time up??? I think there is some sort of mistake here. Any input would be great. Thanks so much.

Based solely on your post, it does appear that he has exhausted all of his options. What is his reason for requesting a new trial???

He states he never knew about the trial date, however this is a lie because he called the court the morning of the court date, spoke with the Clerk of Courts and said he would not be able to make it in. The judge said this was an unverified excuse, and that he would hear the case anyway. Can I put in a motion for denial? Are there any special forms I can get? Or should I just go to court on the new date and Plead to the judge for a Motion to deny? Also I was wondering if I can go to Calendar call and request this then. Thanks so much

Just a guess, "A Motion to dismiss?!?!" As Halket stated "it does appear that he has exhausted all of his options."

Contact the respondent court and request a hearing. The court should then set a date for both parties to appear and for the defendant to offer his excuse to the court. You will then have the opportunity to challenge his defense. The court will then rule on the defendants motion....