North Carolina Third Party Summons

State:
North Carolina
Control #:
NC-SKU-0028
Format:
PDF
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Description

Third Party Summons

North Carolina Third Party Summons is a legal document issued by the court in the state of North Carolina to a third-party defendant in a civil lawsuit. This summons is used to notify a third-party defendant of the plaintiff's allegations and the scheduled court date. There are three types of North Carolina Third Party Summons: Summons for Garnishment, Summons for Interpleader, and Summons for Contribution. Summons for Garnishment is a court order to a third-party defendant directing them to turn over money or property of the defendant to the plaintiff. Summons for Interpleader is a court order to a third-party defendant directing them to deposit money or property in the court registry. Summons for Contribution is a court order to a third-party defendant directing them to contribute to a judgment against the defendant.

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FAQ

Any party may move for severance, separate trial, or dismissal of the third-party claim. A third-party defendant may proceed under this rule against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant.

What are the facts? What is admitted, and what is denied? Mark everything in the factual allegations as ? A ? for Admitted, ? D ? for Denied, or ? DKI ? for Denied for lack of Knowledge or Information (in other words, you can't admit or deny the answer -- you do not know).

You are required to file your Answer with the Clerk of Court and send a copy to the Plaintiff. You may serve your Answer by delivering a copy to the Plaintiff or by mailing it to the Plaintiff's last known address.

If the summons is not served within the time allowed upon every party named in the summons, it shall be returned immediately upon the expiration of such time by the officer to the clerk of the court who issued it with notation thereon of its nonservice and the reasons therefor as to every such party not served, but

The process server must be authorized by law to serve, over 21 years of age, not a party to the action, and not related by blood or marriage to any of the parties.

How do you answer a summons without a lawyer? Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.

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North Carolina Third Party Summons