My boyfriend was served with AOA/CC papers. Because this is totally ludicrous, we plan on filing for a 30 day extension and then I will prepare the answer myself for him. What do we need to take to the magistrate in order to file for the extension? Also, he received the papers on 3/26 but they were submitted 3/26. If we go on Monday 3/25 and file for an extension, will that be alright or should we go the Thursday prior? (Friday is Good Friday and I assume the courts are closed).
And last but not least, when filing an answer to the claims, do we just answer each claim and submit back to the magistrate or what do we need to do? As we do not have the money for an attorney for this.
The extension should be prepared by your boyfriend, not you. A party can act pro se (without a lawyer) but your preparing the motion for an extension of time could be seen as you engaging in the un authorized practice of law.
The motion should be prepared, along with an Order granting the extension, and filed with the clerk of civil court, not the magistrate. I suggest you file the motion on the 21 to be on the safe side, you never know what can come up, and you may not be able to get to court on Monday for any number of unforeseen reasons.
The answer needs to admit or deny each allegation and must be filed with the clerk and served on the Plaintiff.
I’m sorry. Perhaps I wasn’t really being clear. I was just going to type it up as he has no knowledge of computers so he was going to dictate and just have me type it up. Is that possible? He was going to go to the magistrate (or as you stated, clerk of civil court) to ask for the extension. I was just going to go with him. That’s all. Is that allowed?
So he needs to go to the clerk of civil court and ask for an extension (does he need to take anything with him? prepare anything for the extension??) and then at the end of the next 30 days (which I assume will be on or around 5/21) he is to file the answers to the AOA/CC ALONG with the extension that is granted. Is this correct? And admitting/denying each charge can just be typed up and submitted as the answers. He doesn’t have to follow any formal rules or anything like that when preparing the answers?
Yes you can type at his direction and go with him to file. Everything must be filed with the clerk of either civil district, or civil superior court (whichever the Plaintiff filed in). He needs to have the motion for extension completed and prepare and order to extend for the clerk to sign.
The answer will need to be filed on the date the clerk extends to, likely 5/25. The answer should admit or deny each allegation and should be in the same format as the complaint. He needs to include a verification page (a sworn statement that he knows the contents of the answer) and it must be signed before a notary.
Do all “answers” have to have a signed, NOTARIZED verification stating that the person is aware of the contents or can it be merely unnotarized?
An answer must be verified.
Does that verification have to be notarized?
To clarify, the answer need only be verified (all verifications must be notorized) if there is a counterclaim included therewith.
That is very good to know. In court, can one make a motion for dismissal of counterclaims on the grounds that the document was not notarized?
Hey Athos … feel like helping me prepare some answers? LOL
Thanks for the help all. I’ll work with him on getting everything typed up and submitted to the court. Sounds like I’ll need a day off from work.
Ok … I’m really not an idiot. I’m a rather intelligent woman under normal circumstances but no one will help me here.
Are there any forms per se in union county that I can fill out and take to the Clerk of Superior Court next week to get this extended so we can begin working on the answers? I’ve looked all over the internet and I cannot find a form for a “30 day extension to answer” or something along those lines. I even called the clerk of Superior court and asked for help and she said that it’s something I would have to research on my own and hung up on me!! I’m so frustrated right now.
Any help or direction would be greatly appreciated. If I had the money to have someone type all this up for us so that I knew it was being done correctly, I would pay it but we just have NOTHING right now.
We have an extensive library of forms available through our DIY service.