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North carolina civil complaint example Form: What You Should Know

The complaint is: complaint. Attachment B. Answer and a motion to dismiss 3. Plaintiff alleges that the law protects people of color from discriminatory practices at work and in housing. 4. Plaintiff alleges that a party subject to a federal, state, or local law has engaged in or is about to engage in a practice that is discriminatory. 5. Plaintiff seeks to enjoin the law-breaker from engaging in the unlawful practice. 6. The complaint also seeks damages to redress the plaintiff's loss. 7. The law requires your name to be published as a party and to serve the Court. 8. You must be a resident of NC and be a United States citizen or a citizen of U.S. Possessions. 9. Your complaint must be in writing, with names of all other parties, and be sworn to, and notarized or verified. 10. The complaint must include all pleadings, exhibits, and any relevant testimony. 11. This Court has jurisdiction to hear all civil actions before the Court. 12. The court acts in a “no-fault” capacity, for injuries that arise out of or relate to the person seeking redress. 13. If the judge finds that the complaint alleges facts showing that a person of color is being denied a right to equal employment opportunity or that a party subject to a federal, state, or local law is engaging in a practice that is discriminatory, or if he accepts that a person of color is being denied such a right, the court may: 14. Grant temporary relief, or enter a judgment (a “Judgment for Relief”). 15. Allow the action to proceed in state or federal court. 16. Enter a Judgment for the prevailing party. 17. The court may award reasonable attorney's fees, court costs or damages against the prevailing party (or against all defendants). 18. The court has the power to limit the time for filing an action or entering judgment. 19. An attorney has the right to appear in court on your behalf. 20. Your complaint must indicate whether the plaintiff is a corporation or a sole proprietorship. 21. The complaint and response are filed in the Superior Court in Davidson County, North Carolina and are available for public inspection from the Clerk of Superior Court, Davidson County Courthouse, 4100 Old Hickory Boulevard, Raleigh, NC 27599.

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FAQ - North carolina civil complaint example

How long is a civil summons good for in NC?
If service is not made by the time the 60 days passes, the action is still alive, but the summons itself is dormant and cannot be validly served until it is revived by an extension. Id.; Dozier v. Crandall, 105 N.C. App.
How do you answer a summons without a lawyer?
Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. 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.
What happens when you receive summons?
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.
What is a civil lawsuit in NC?
In civil cases, one party may have harmed or failed to abide by its obligations to another, or two parties may have a dispute for the court to resolve. Civil cases can result in an award of money or in a court order to enforce or protect the rights of a party.
How do I file a civil suit in NC?
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.
How much does it cost to file a civil suit in North Carolina?
For each lawsuit, the plaintiff must pay a $96 filing fee to the clerk of court. You pay an additional $30 fee for each defendant to cover the cost of the sheriff getting the proper legal forms to the defendant.
What is summons in Civil Procedure?
The summons is a form created by the court which notifies the party that an action has been filed against him, her or it, notifies him, her or it of the need to appear, and is attached to the Complaint or Petition that is personally served upon the defendant at the beginning of the case.
What is a civil summons in NC?
The Summons and Complaint refers to the written documents you receive that begin a lawsuit, wherein the plaintiff (likely your creditor or someone representing the creditor) details their claims against the defendant (you).
What should be included when drafting a complaint?
In general, a complaint has six parts. caption, parties, statement of facts, statement of claims, request for relief, and jury demand.
How long does a defendant have to answer a complaint in North Carolina?
(a) (1) When Presented. - A defendant shall serve his answer within 30 days after service of the summons and complaint upon him. A party served with a pleading stating a crossclaim against him shall serve an answer thereto within 30 days after service upon him.
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