North Carolina AO-398 Notice of Lawsuit - Request for Waiver - Federal District Court Official Form

State:
Multi-State
Control #:
US-AO-398
Format:
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PDF
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This Notice of Lawsuit with Request for Waiver is a sample form for use in a Federal District Court case. Available in Word, pdf and Wordperfect formats.
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How to fill out AO-398 Notice Of Lawsuit - Request For Waiver - Federal District Court Official Form?

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FAQ

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 ...

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.

Complete the Civil complaint form fully and neatly. Be sure to provide enough information so the person you are suing knows why he or she is being sued. Once the complaint is completed, you must file it at the correct Magisterial District Court office. Be prepared to pay the filing fees.

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.

? A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.

What Are the Steps to Filing a Lawsuit? The first step of a civil lawsuit involves the plaintiff filing a 'complaint,' a legal document that outlines the basics of the case. The complaint accuses the defendant of wrongdoing and attempts to lay out the case. The complaint is then filed with the court.

The following items must be submitted to the Clerk of Court: (i) complaint; (ii) summons; (iii) cover sheet; and (iv) filing fee. Venue is prescribed by statute. In civil actions, venue is typically the county in which the plaintiff or defendant resides.

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or ?serve?) one to the plaintiff or plaintiff's attorney. The plaintiff is the debt collector, creditor, or law firm suing you.

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North Carolina AO-398 Notice of Lawsuit - Request for Waiver - Federal District Court Official Form