I filed the Complaint, Verification, Civil Summons, and AFFIDAVIT Servicemembers Civil Relief Act- (we reside in
Wake County) at the County Clerks office and received a File Number. I then went to the Wake County Sheriff’s office and paid the $30.00 fee for Service by Sheriff. Unfortunately the Sheriff for our town is on vacation so it hasn’t been done as of yet. My spouse has agreed to waive the 30 days notice so I am preparing the paperwork now so we are ready to go. Here are my questions please:
In the guide it has the next steps for after the Service and the first form is for ACCEPTANCE OF SERVICE which is done. The next one is the ANSWER and the one I am stuck on. The part that has this:
Defendant, responding to the correspondingly numbered allegations of Plaintiff’s Complaint, alleges and says as follows:
- ADMIT. Either admit or deny all allegations contained in Plaintiff’s Complaint.
- ADMIT.
- ADMIT.
- ADMIT.
- ADMIT.
- ADMIT.
- ADMIT.
- ADMIT
- ADMIT.
Does each allegation 1-9 have to be typed out or do I just leave the answer of ADMIT? Do I leave the "Either admit or deny all allegations contained in Plantiff’s Complaint next to ADMIT on number 1? The example above is copied exactly how it is when you download the form. Do we need another form if they have agreed to waive the 30 days notice? Is so, where would I get that? Or would they wave that in an “Acceptance Of Service And waiver Of Responsive Pleading” in lue of just an Acceptance Of Service? Also, to do this instead of just an Acceptance Of Service, will I need an attorney or may I file this motion on my own? I just fear filling out the forms wrong and not being told why. If they file an answer saying they admit to the complaints, does that mean I don’t need a waiver and can just schedule a hearing.
The defendant must individually answer each allegation that corresponds to the complaint. A simple “admit” or “deny” is sufficient. You will need to remove the “either admit or deny all allegations contained in Plaintiff’s Complaint” from the answer. This is instructional and should not be in the document that you file with the court.
You do not need a separate form to waive the 30 day period if the defendant is filing an answer. As soon as an answer is filed, then the plaintiff can proceed with scheduling the court date regardless of the 30 day time period. The 30 day time period means that the defendant has up to 30 days after being served with the complaint to file an answer and, if necessary, counterclaims. However, before the defendant can file an answer, the defendant must be served. The defendant can sign an Acceptance of Service instead of being served by a sheriff deputy. The Acceptance of Service does not have to be drafted by an attorney and can be filed by the party. No motion is required.
Yes, if the defendant files an answer after they have been served, then no waiver is needed and the plaintiff can schedule a court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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