how to respond to a civil summons in nchow to respond to a civil summons in nc

\u00a9 2023 wikiHow, Inc. All rights reserved. "You took something big and scary and complicated and over-whelming, and broke it down into simple, clear,doable. Sewell specializes in writing news and feature articles on health, law and finance. Ask the judge to dismiss the case. Your local bar association also might have referral programs you can use. Even if you had a general expectation that someone was planning to sue you, actually getting the papers can still be a shock. Regarding the latter, your answer is your response to the alleged complaint. In some jurisdictions you can mail your answer to the plaintiff before you file it with the court. In this case, 100% of readers who voted found the article helpful, earning it our reader-approved status. Preparing a written Answer entails writing a letter to the judge. Provide the name of the court at the top of the Answer. The first is a physical appearance in court, which is more common in criminal cases. If you have questions or doubt the allegation, you probably should deny it. For example, if someone is suing you over property damage and injuries from a car accident, they can sue you in the county where the car accident occurred. Being served with a summons and complaint by a sheriff's deputy can be a frightening experience. This document tells the court when and how you served the plaintiff with your answer. For example, if the plaintiff failed to file her lawsuit before the deadline required by the applicable statute of limitations, you could file a motion to dismiss because she no longer has the ability to sue you. This is unlikely, however, because state courts typically have very broad jurisdiction. The time limit may be different depending on the type of case filed. If the plaintiff hired an attorney, make sure the documents go to them and not to the plaintiff directly. You should note that the allegations or statements in the complaint are set in paragraphs that are numbered consecutively. Don't guess or assume that an allegation is correct just because it's listed in the complaint. See California Civil Courtroom Handbook and Desktop Reference (KFC 995 .Z9 T46) 4:4 for hints on timing this type of motion. The deadline should be included on your summons, which also includes other information such as the date the hearing is scheduled. We use cookies to make wikiHow great. Other types of answers might come into play based on your analysis of the complaint and your reading of the law. If a particular method is required, the clerk can let you know. You may find that some allegations are partially true and partially false. Be careful with your admissions, and don't guess or assume that something is true just because it's included in the complaint. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. [2] If you do this, always capitalize the word "Defendant" because it refers to a specific person (you). Be careful when responding with a demurrer, because it involves essentially admitting that the allegations in the complaint are true. You will receive notice of the case number when the plaintiff files the complaint with the court. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. The court in the county where you live typically has personal jurisdiction. The complaint tells the judge what the dispute is about, and what the person suing you wants from you. Through mediation, a neutral third party works with you and the plaintiff to attempt to reach a compromise in your dispute. You generally can find forms on the court's website or in the clerk's office. If your court does not have a fillable form, then you will need to draft the motion yourself. 1 Read the complaint and summons. It is required to serve upon the defendant not only the . If you opt for hand delivery, you generally can't deliver your answer yourself. If you decide to file a motion to dismiss, you probably want to draft your answer anyway, so you have it ready to file in case the judge doesn't dismiss the plaintiff's lawsuit. 2 Simple Ways to Answer a Summons Without an Attorney - wikiHow After you learn more about the case, you may decide that a defense you raised in the answer no longer applies, but raising it in the answer means you won't risk losing the ability to argue it later. For example, if your state's law requires a plaintiff to file a personal injury lawsuit within one year of the injury, and you are being sued by someone who slipped and fell on your property three years ago, you could state the affirmative defense that the statute of limitations had run. It is a really good idea to get some assistance from an attorney as there are technical requirements that need to be met. This image may not be used by other entities without the express written consent of wikiHow, Inc.
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