Need quick response


According to the copy of the Civil Summons I have, you must file the original of the written answer with the Clerk of Superior Court in the county named on the summons.

You must also serve a copy of your written answer to the plaintiff or plaintiff's attorney within 30 days.  You may serve your answer by delivering a copy by hand or mailimg it to the plaintiff's last known address.  The clerk told me if I mailed, It would be a good idea to get a delivery confirmation just for the records.  

These instructions are on the front of the civil summons about mid page of the copy I have.


Dear duhhuh58:

Greetings. Summons only go with complaints, not answers or counterclaims. You need to file a copy with the clerk of court in your county, send a copy to your wife/her attorney, and keep one copy for your records. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


i was served a divorce complaint on 4/21. i’ve typed my answer and counterclaim. i could swear that i read somewhere that i needed to take a certain amount of copies and do a summons within 30 days. the clerk’s office said that i just need to file it with their office and that he does not need to be served with my answer and counter claim that the judge will read it at the divorce hearing.

please help, do i need to take copies and do a summons? i am going out of town next week and really need to take care of this before i leave as my 30 days is up while still out of town.