The North Carolina Notice of a Lawsuit and Request to Waive Service of a Summons-AO 398 is a legal document that is used when filing a lawsuit in North Carolina. It provides the defendant with a notice of the lawsuit and a request that the defendant waive service of the summons. It also provides information on the plaintiff, the defendant, and the relief sought. The Notice of a Lawsuit and Request to Waive Service of a Summons-AO 398 is typically sent to the defendant by certified mail, return receipt requested. There are two types of North Carolina Notice of a Lawsuit and Request to Waive Service of a Summons-AO 398: 1. Notice of a Lawsuit and Request to Waive Service of a Summons: This type of notice is used when the plaintiff is not seeking a judgment for money or other relief that can be collected through a court-ordered garnishment. 2. Notice of a Lawsuit and Request to Waive Service of a Summons and Garnishment: This type of notice is used when the plaintiff is seeking a judgment for money or other relief that can be collected through a court-ordered garnishment.
North Carolina Notice of a Lawsuit and Request to Waive Service of a Summons-AO 398)
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FAQ
Service by publication is allowed only if the party to be served ?cannot with due diligence be served by personal delivery, registered or certified mail, or by a designated delivery service.? Rule 4(j1).
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
Service by publication requires a plaintiff to publish a notice once a week for three successive weeks in a newspaper that is qualified for legal advertising in ance with N.C. Gen. Stat. § 1-597 and N.C. Gen. Stat.
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.
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
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.
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
The answer must be filed with the Clerk of Court in the county in which the plaintiff brought his claim and it must be filed within the time specified on the summons which was served on you.