RE: 30 Day Waiting Period


#1

Hi Erin,
Once defendant has been sent all documents via certified mail is there any way to avoid the 30 day waiting period for requesting a court date in Mecklenburg County? If plaintiff signs Answer, Acceptance of Service, and Verification, once notarized, can I submit these to the Court when I request a court date or does Mecklenburg County require that the defendant submit them himself? Are there any other forms that can be filled out by plaintiff waiving the 30 day wait period for the scheduling of the Court date? And if so, what would that form(s) be called and where can I find it or what does it contain?

Thanks!!!


#2

The defendant would be the one accepting service of the plaintiff’s complaint.

If the defendant files a waiver of time to further answer, you may schedule a hearing date on the date the waiver is filed.

You may file the same on behalf of the Defendant so long as the document as been signed by the defendant, in the presence of a notary.

A sample Waiver looks like this:

The Defendant will have to create file one. An example looks like this:

NOW COMES Defendant, answering the Plaintiff’s earlier filed Complaint and says:

  1. That he received the Summons and Complaint, has read the Complaint and the allegations contained therein are true.
  2. That he waives any defect in service of process, all further notice of any hearing or action, his right to be present and heard and consents to this matter being brought before the Court at the convenience of Plaintiff in any manner allowed by law, and joins in the prayer for relief set out in the Complaint for entry of divorce.
    WHEREFORE, Defendant respectfully requests the Court to grant the following relief:
  3. That the Court dissolves the bonds of matrimony existing between the Plaintiff and the Defendant.
  4. That the Defendant’s time to answer Plaintiff’s Complaint and Defendant’s right to a minimum Notice of Hearing be waived, and
  5. For such other and further relief as to the Court seems just and proper.
    This is the _____ day of June, 2010.

Defendant
123 Main Street
Anytown, NC 12345

STATE OF NORTH CAROLINA
MECKLENBURG COUNTY

I certify that the Defendant ____________ personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.

Date: ____________________ ¬¬¬¬ __________________________________

___________________________, Notary Public
(Notary’s printed name)

My Commission Expires: _________________