North Carolina Summons in a Civil Action-AO 440 is a legal document used to initiate a lawsuit in North Carolina. It is a type of court summons issued by a clerk of court in the state and is served on the defendant in the case. The summons outlines the plaintiff’s legal claim, informs the defendant of their right to respond, and sets the date for the next hearing. There are two types of North Carolina Summons in a Civil Action-AO 440: a “Summons and Complaint” and a “Summons and Notice.” The “Summons and Complaint” includes a copy of the plaintiff’s complaint that outlines the allegations made against the defendant. The “Summons and Notice” informs the defendant of the lawsuit and provides instructions on how to respond to the summons. Both types of North Carolina Summons in a Civil Action-AO 440 require the defendant to appear in court on the date set forth in the summons.
North Carolina Summons in a Civil Action-AO 440)
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FAQ
? 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.
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.
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.
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.
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.
A summons is issued to the defendant, but for one reason or another the defendant is not properly served within 60 days of the date of issuance of the summons. Remember that under Rule 4, if the summons is not served within 60 days, it becomes dormant.
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