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North Carolina Third Party Summons in a Civil Action-AO 441)

State:
North Carolina
Control #:
NC-SKU-0204
Format:
PDF
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Description

Third Party Summons in a Civil Action-AO 441)

North Carolina Third Party Summons in a Civil Action-AO 441 is a legal document issued by the courts of North Carolina to initiate a lawsuit against an individual or entity. This summons is used to notify the third party of the allegations being made against them and the action required by them. The summons may include information such as the name of the plaintiff, the identity of the defendant, the nature of the dispute, and the court in which the proceedings will take place. There are two types of North Carolina Third Party Summons in a Civil Action-AO 441: a summons with notice, and a summons without notice. A summons with notice requires the defendant to appear in court and answer the claims against them. A summons without notice does not require the defendant to appear and can be served by mail. Both types of summons require a response within a certain timeframe.

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FAQ

The Summons says that you have been sued. The creditor or debt buyer is the ?plaintiff? and you are the ?defendant?. The Complaint explains why the plaintiff is suing you and what it is asking the court to do. THIS IS NOT A CRIMINAL CASE. A lawsuit to collect an unsecured debt is a civil action, not a criminal charge.

It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.

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.

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.

The complaint and summons may be sent by registered or certified mail with a return receipt requested to the person named to whom North Carolina Process Service is to be made.

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

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 in a Civil Action-AO 441)