An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Carolina Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
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How to fill out Complaint, Petition, Or Declaration For Recovery Of Possession Of Property Due To Fence Built By Adjoining Landowner On Plaintiff's Property?
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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.
Claim and Delivery. § 1-472. Claim for delivery of personal property. The plaintiff in an action to recover the possession of personal property may claim the immediate delivery of the property as provided in this Article at any time before the judgment in the principal action.
Claim and delivery may not be used to recover ownership of real property, but may only be used to recover goods or personal property. Actions of claim and delivery are proper in the magistrate's court so long as the value of the property to be regained does not exceed the magistrate's jurisdictional amount ($7,500.00).
The claim and delivery must be filed with the court that has jurisdiction over where the property is located. You must pay a filing fee of sixty-five dollars ($65.00) when you file the action. A valid address for the party who has possession of the property must be provided to the Court at the time of filing.
North Carolina's property exemptions usually cover most property owned by someone facing a judgment. North Carolina allows you to exempt: Up to $35,000 in equity in your primary residence. Up to $3,500 in equity in a vehicle.
An answer is a response to a complaint that has been filed against you. These forms allow you to file a document telling the Judge which parts of the Plaintiff's complaint that you agree and disagree with. YOU MUST FILE THESE DOCUMENTS WITHIN 30 DAYS OF BEING SERVED WITH THE PLAINTIFF'S COMPLAINT.
