How do I file a lawsuit?
If you wish to file a lawsuit in North Carolina, you must first have a valid claim. This means that you must have a legitimate dispute over something that can be sorted out legally, such as a contract, money, property, or personal injury. Once you have established your claim, you must fill out the appropriate paperwork. Depending on the type of claim, you’ll likely need to fill out a civil summons and complaint. Once the complaint has been filled out—which includes providing information about the defendant and details of your claim—you must file it with the clerk of court in the county where the defendant resides. The clerk will issue a summons, which must then be served to the defendant. Depending on the circumstances, a sheriff, private process server, or special process server may be used to serve the documents. After the documents have been served, the party that was served will have to respond. If no response is received, you can file for a “default judgment,” which will award you the amount you were asking for. If a complaint is filed, the case will go to trial, where a judge or jury will decide the outcome.
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