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A summons is the first process for a legal claim where a Plaintiff has instituted an action against a Defendant. Once the summons is served via Sheriff, you will have 10 days to respond with a Notice of Intention to Defend or attempt to negotiate a settlement with the Plaintiff.
The Complaint and Summons must be served on the opposing party within 120 days of filing. The plaintiff or petitioner serves the Complaint or Petition and Summons on the opposing party before filing the case with the court. The Complaint and Summons must be filed with the court within 10 days of service.
Key Takeaways Create an Answer Document. Answer each issue of the Complaint. Assert your affirmative defenses. File the answer with the court.
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. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).
Timing of service and extension of summons. If service is not made by the time the 60 days passes, the action is still alive, but the summons itself is \u201cdormant\u201d and cannot be validly served until it is revived by an extension. Id.; Dozier v. Crandall, 105 N.C. App.
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Provide the name of the court at the top of the Answer. You can find the information on the summons. ... List the name of the plaintiff on the left side. ... Write the case number on the right side of the Answer. ... Address the Judge and discuss your side of the case. ... Ask the judge to dismiss the case.
CIVIL COMPLAINT \u2013 A civil action is commenced by filing a complaint with the court. You must complete and submit an original and two copies of the enclosed complaint form as well as the Civil Cover Sheet. You should also keep an additional copy of any document filed with the Court for your own records.
Every summon shall be served by a police officer, or by an officer of the court issuing, it or any other public servant. The summon shall, if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.
Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases. So read the summons and all papers you received carefully!

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