The North Carolina Waiver of the Service of Summons-AO 399 is a legal document used in North Carolina to waive service of summons in civil lawsuits. This document must be completed, signed, and filed with the court by the defendant before a trial may take place. The Waiver of the Service of Summons-AO 399 allows the defendant to agree to accept service of the summons, without the need for personal service. This document also allows the defendant to indicate their choice of venue, if applicable, as well as the desired date and time for a hearing. There are two types of North Carolina Waiver of the Service of Summons-AO 399: The Waiver of Service of Summons by Mail and the Waiver of Service of Summons by Publication. The Waiver of Service of Summons by Mail is used when the defendant is known and may be served by mail. The Waiver of Service of Summons by Publication is used when the defendant is unknown or cannot be found.
North Carolina Waiver of the Service of Summons-AO 399)
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Summary: You have 30 days to respond to a debt collection lawsuit in North Carolina. You should respond with a written Answer and assert your affirmative defenses. File the Answer with the court before the deadline. SoloSuit can help you draft and file an Answer to your North Carolina lawsuit in just 15 minutes.
A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the Court or to the place where the action has been brought.
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.
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.
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.
There is no filing fee for responding to a lawsuit or making a counterclaim. 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.