North Carolina State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
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Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

B) Service of an original summons, without extension, after 60 days from issuance, is untimely and may be challenged as improper.

Process Server Overview The duties of a process server are to deliver legal documents to defendants or clients in legal proceedings. This includes private lawsuits, court summons, subpoenas, complaints and other court dealings.

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.

A defendant may also file a counterclaim to raise a legal claim against the plaintiff. An answer can be served on the other party by regular mail, but generally a counterclaim must be served by sheriff or certified mail.

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.

Remember that under Rule 4, if the summons is not served within 60 days, it becomes dormant. Service of a dormant summons, i.e., a summons that is more than 60 days but no more than 90 days old, is salvageable, but you do not want to go there.

You should immediately contact a lawyer. 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.

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 ...

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North Carolina State Court Summons or Service of Process