North Carolina Court Action Cover Sheet
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How to fill out North Carolina Court Action Cover Sheet?
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FAQ
1feff In civil lawsuits, a summons is issued to the defendant in the lawsuit, requiring his or her presence to defend a case. For example, if someone sues you in small claims court, the court sends out a summons requiring you as the defendant to attend the hearing at a specific place and time.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.
If you do not have an attorney, write one yourself. Include why you feel the court should rule in your favor. State difficulty to appear because you live out of state and request to appear by phone. Mail a copy of your response to the county clerk's office in the location where the case has been filed within 20 days.
Rule 4(d). The deadline to extend the summons is 90 days after issuance of the summons. If a summons has already been extended by either method, it may be extended again and again, and the deadline each time is 90 days after the most recent extension.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
You must answer the complaint and file it at the office of the Clerk of Court within 30 days from the date you personally received the complaint or if received by registered mail, the date when you signed for the complaint. If you cannot respond within that time you must request additional time to answer.
File an answer. The most common way to respond to a complaint is by filing an answer. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. Request more information from the plaintiff. Cross-complain. File a motion to dismiss.
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
