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On the civil side, magistrates hear small claims cases, enter orders for summary ejectment (evictions), determine involuntary commitments, and handle other responsibilities. The magistrate is the only civil official in the state who can perform a marriage. A magistrate is an officer of the district court division.
How to write an answer to a summons for debt?
Now, most defendants will not have an attorney when they go to court on the arraignment or when theyre summoned, but if you can afford an attorney, it is always helpful to have one with you when you do the arraignment.
How do you respond to being summoned?
Contact the clerks office of the court where the lawsuit was filed. Youll find a phone number and address for the clerks office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
How do I answer a summons without an attorney in NC?
You respond by filling out an official form called an Answer to Complaint form. You can get the answer form from the court that served you. The North Carolina Judicial Branch has a small claims eCourt Guide and File tool that can create the documents electronically for you to print yourself.
What is a magistrate summons in North Carolina?
You are notified to appear before the magistrate at the specified date, time, and location of trial listed below. You will have the opportunity at the trial to defend yourself against the claim stated in the attached complaint.
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You should have a consult with an attorney. On a civil summons in general sessions court - youll have to go to court to defend the claim. If you ignore the summons you would likely end up with a default judgment against you. Youll also want to be careful about talking to the plaintiffs attorney.
What kind of cases are heard in the North Carolina magistrate courts?
MagistratesIn civil cases, the magistrate is authorized to try: Small claims cases ($10,000 or less) Landlord eviction cases. Suits for recovery of personal property and motor vehicle mechanics liens.
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STATE OF NORTH CAROLINA MAGISTRATE SUMMONS
You may file a written answer, making defense to the claim, in the office of the Clerk of Superior Court at any time before the time set for trial.
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