How do I respond to a civil summons in NC?

You can respond by filing either an Answer document or a Motion; usually an Answer is sufficient and more straightforward in a debt collection lawsuit. If you fail to respond within the 30 day period you will lose the case by inaction, and the court will file a default judgment against you.

Who is the proper person to serve a summons in North Carolina?

Outside this State, such proper person shall be anyone who is not a party and is not less than 21 years of age or anyone duly authorized to serve summons by the law of the place where service is to be made. Please note that lobbyists are active in the state of North-Carolina and laws concerning civil procedure and process serving can change.

What happens when a defendant is not served in a civil action?

When any defendant in a civil action is not served within the time allowed for service, the action may be continued in existence as to such defendant by either of the following methods of extension: The plaintiff may secure an endorsement upon the original summons for an extension of time within which to complete service of process.

What are the process serving requirements in North Carolina?

North Carolina Process Serving Requirements Upon the filing of the complaint, summons shall be issued forthwith and in any event within five days. The complaint and summons shall be delivered to some proper person for service.

How does proper service work in North Carolina?

In North Carolina, proper service is governed by North Carolina Rule of Civil Procedure 4, which states: Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The complaint and summons shall be delivered to some proper person…

How to respond to court summons for credit card debt in NC?

How to respond to court summons for credit card debt in NC Unless you are sued in Small Claims Court there is usually no court date provided in the lawsuit served via Sheriff or certified mail. If sued in District or Superior Court in NC the Defendant must file a written Answer with the Court within 30 days of being served with the lawsuit.

Outside this State, such proper person shall be anyone who is not a party and is not less than 21 years of age or anyone duly authorized to serve summons by the law of the place where service is to be made. Please note that lobbyists are active in the state of North-Carolina and laws concerning civil procedure and process serving can change.

When does personal service of summons need to be made?

Personal service or substituted personal service of summons as prescribed by Rule 4(j)(1) a and b must be made within 30 days after the date of the issuance of summons, except that in tax and assessment foreclosures under G.S. 47-108.25 or G.S. 105-374 the time allowed for service is 60 days.

How to file a civil complaint in North Carolina?

Upon the filing of the complaint, summons shall be issued forthwith and in any event within five days. The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons.