Typo on complaint


#1

I have been using your very helpful site for an absolute divorce in Mecklenburg Co. I had the complaint with cover sheet and verification notarized and filed last week, along with civil summons form. I was told that we could have the “defendants acceptance of service of process and general appearance” and “verification” forms notarized and that will be satisfactory for “being served.” As we went to do this, we noticed the marriage date is wrong. I read that this can be amended but am getting no answer from Clerk of Court to get this done. Exactly how can I get this date amended with minimal delay and additional cost?
Also, was it correct regarding being served in that no sheriff or certified mail is needed if the above forms are completed?
Thanks!


#2

A party can file an acceptance of service to waive service by sheriff, certified mail or other means.

To correct the typo, you need to file an amended complaint. It should take the same form as the original complaint. If the opposing party has filed an acceptance of service, you should be able to serve the amended complaint pursuant to Rule 5.


#3

Thanks for your response.
Once amended complaint is filed, I’m assuming we have to redo the “acceptance of service” by notary, then how is this filed?


#4

You should not have to have the opposing party served again. Once a party has been initially served, they can be sent subsequent paperwork directly through the mail. Refer to Rule 5 of the Rules of Civil Procedure for a more detailed explanation for how to send subsequent pleadings.