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Non-response to summons/Complaint

Charlotte, NC |

I filed a summons/complaint with the court. The defendant has 30 days with which to file an answer with the court and also deliver that answer to me.

What happens if they do not file an answer?

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Attorney answers 1


The defendant has 30 days after service of the summons and Complaint; filing it is not enough, you must then obtain service of process in a manner prescribed by the Rules of Civil Procedure. The Defendant also may obtain a 30 day extension from the Clerk of Court to file that answer, but is also suppose to serve you with that motion. If the Defendant has truly lapsed in their deadline and failed to file an answer, then the allegations in your complaint are deemed admitted and you may ask the Clerk for an entry of default and do a motion for default judgment. The Rules of Civil Procedure also offer guidance on default.

This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.



Thanks Michael....yes, the defendant was properly served and I appreciate your detailed response. The 30 day window for receiving a response is approaching and I just wanted to understand the options should they fail to answer the complaint/summons. Thanks again.