This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint For Declaratory Judgment In North Carolina
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The complaint states what the plaintiff claims the defendant has done and the remedy that the plaintiff is requesting. Typically, the defendant has 30 days to respond by filing an “answer.” An answer includes the defendant's responses to the plaintiff's allegations and any defenses.
Service by registered or certified mail, return receipt requested or signature confirmation: You may go to the post office and mail a copy of the Summons and Complaint to the other party by registered or certified mail, return receipt requested or by signature confirmation.
Service may also be made on the party by electronic mail (e-mail) if the party has consented to receive e-mail service in the case at a particular e-mail address, and a copy of the consent is filed with the court by any party. Such e-mail must be sent by P.M. Eastern Time on a regular business day.
The judgment and the lien are valid for ten years following the rendition of the judgment. After a judgment becomes a lien upon the debtor's real property, any subsequent change in ownership is subject to the lien.
An extension of time to file a written Answer essentially provides an extra 30 days to file a written Answer at the courthouse. Although not guaranteed or automatic, filing an extension of time is common practice and is routinely granted in North Carolina.
You will typically need to file an answer to the plaintiff's complaint within 30 days. Failure to file your answer in the required time period could result in a judgment being entered against you by default.
Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases. So read the summons and all papers you received carefully!
Rule 7. Pleadings allowed; motions. If the answer alleges contributory negligence, a party may serve a reply alleging last clear chance. No other pleading shall be allowed except that the court may order a reply to an answer or a third‑party answer.
I have a problem with a business. Where can I get help? You may wish to file a consumer complaint with the North Carolina Consumer Protection Division. You can file a complaint online or call 1-877-5-NO-SCAM for assistance.
A declaratory judgment is a ruling of the court to clarify something (usually a contract provision) that is in dispute. A summary judgment is a ruling that a case or portion of a case must be dismissed because there are no triable issues of material fact in dispute.