Serving Summons-how must defendent "respond"


#1

A summons and complaint need to be filed with the court at the clerk of court before they are sent certified mail to another party.

When the other party signs to accept certified mail then you will receive notification back. Make sure you hold onto this, so you can prove the complaint was served in the future.

When you ask for a court date is dependent upon the rules in your county. Ask the clerk’s office for information.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

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.


#2

Hey all,

I am serving summons on my spouse today via certified mail. I an unclear on just what they must do, in order to properly “respond”. It sayd they have to a) just send it back to me (?), and b) file with the court. What does “filing with the court” enatil, for them? What exactly must they do, such that I can go ahead and get a court date? Any help would be much appreciated!