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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 Magistrate is a judicial officer of the North Carolina General Court of Justice - District Court Division who handles certain criminal and civil matters. In criminal cases, a Magistrate issues warrants and sets bail.
Who serves the Defendant with summons or process and how is the defendant served: The clerk issues a magistrate summons. The issuance of the summons commences the action. After the service of the magistrate summons on the defendant, the clerk gives written notice of the assignment to the plaintiff.
A filing fee of $96. If you are unable to afford the fee, you can ask to file your case as an indigent by using this form.
Summons may be served within within 30 days from institution of suit. Every summons shall be signed by the presiding Judge or its officer with seal of the court. Copy of plaint should be accompanied with summons. The Summons to defendant must show its purpose of issuance.
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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.
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).
To start a lawsuit, you mail or deliver a complaint and a summons to the Office of the Clerk of Superior Court at a county courthouse. This part of the booklet explains where to sue, which complaint form to use, how to fill in the prop- er legal forms, how to file the claim, and how to get the forms to the defendant.
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.
An individual would have to attend the Magistrates Court if they are charged by the police, or if they receive a summons telling them to attend court. A failure to attend court when summoned may constitute to a criminal offence, and could lead to you being arrested and kept in police custody.

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