Civil Summons
A complaint filed by an individual or company against another individual or company where a judgment is sought for more than $3,000.00. No court date is set until the defendant makes a response and opposes the complaint. This case will be heard in superior court if it goes to trial.
Civil Summons and Notice of Hearing
A complaint filed by an individual or company against another individual or company where a judgment is sought for more than $3,000.00. A notice of hearing is attached with a listed time and place for a hearing in the case. This case will usually be heard in superior court.
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Criminal Summons
A summons commanding a defendant to appear in court to answer an alleged criminal charge. A Criminal Summons is issued when the magistrate determined there was insufficient evidence to issue a warrant. A defendant must appear in court after being served or an Order for Arrest will be issued to bring the defendant into court. Because a Criminal Summons must be served 2 days prior to the court date, the deputy has 28 days in which to serve the document. According to North Carolina General Statues, a Criminal Summons is a civil process and must be served in accordance to the rules laid out by statute. If the deputy cannot locate the defendant or locate the address, the paper will be returned to the Clerk of Court's Office.
Domestic Violence Order and Notice of Hearing (ex parte)
An order issued by a district court judge or a designated magistrate ordering that the defendant follow the provisions listed on the order. A hearing date is set for the defendant to appear and testify against the complaint and motion of the plaintiff. It is a misdemeanor to violate any of the provisions of the order. The Sheriff will serve and carry out the judge's orders. All NC Law Enforcement Officers must enforce the order. This order is effective for ten days or until the court hearing.
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Domestic Violence Protective Order (one year order)
An order issued by a district court judge at a Domestic Violence hearing effective for one year. Most one year orders are orders that both parties have consented to and ask the court to enforce. The Sheriff will serve a copy and carry out the judge's orders. All NC Law Enforcement Officers must enforce the order. The order is effective for one year from the date issued. The plaintiff must file a motion to continue the order each year.
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Driver's License Pick-Up Order
An order issued by the clerk's office on the authority of the NC Division of Motor Vehicles for the Sheriff to serve the defendant and take the defendant's driver's license. The driver's license is then delivered back to the clerk's office. This order is issued when a driver's license is suspended due to a criminal charge or violation that requires the defendant to surrender his or her driver's license for a designated amount of time. The suspension of the defendant's driver's license is immediate, although the amount of time the defendant must surrender his or her license does not accumulate until the license is surrendered or a form is filed with the clerk that the license has been lost.
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Foreclosures
What is a Notice of Hearing on Foreclosure?
Foreclosure is the legal process by which a Mortgage/ Deed of Trust holder on real property terminates the rights of the person(s) who borrowed against the property. Mortgages and Deeds of Trust frequently grant a power of sale to a specified person known as a Mortgagee or Trustee which may be exercised in the event of a default. Before the power of sale can be exercised, all interested parties to the contract must be notified (Notice of Hearing) of the pending foreclosure proceeding which may result in the sale of the property.
To allow adequate time for service upon the defendant(s) (person or persons being served) all foreclosures must be delivered to our office a minimum of 6 weeks prior to the court date. All foreclosures must follow this guideline to comply with North Carolina General Statutes. Instructions for putting together foreclosure packets are as follows:
Included in each foreclosure packet:
- Two copies of the foreclosure for each defendant. One copy MCSO will serve, the other will be returned to the Clerk of Court's Office to be placed on file.
- Deputy's Return of Service form. This is the form the deputy will fill out indicating how the paper was served. There will need to be one return included for each defendant. We use Mecklenburg County Sheriff's Office returns. This form can be found on the MCSO website. MCSO Foreclosure Return (PDF 99k) Occasionally, attorneys will have their own forms. In this case, the forms must include 2(two) carbons and list all defendants to be served on the return.
- If you are requesting a copy of the deputy's return of service to be sent to you please include a self addressed, stamped envelope.
How the Foreclosure Packet should be put together:
- One copy of the foreclosure per defendant for the sheriff's deputy to return
- Return of Service form
- Self-addressed, stamped envelope for return of service form
- One copy of the foreclosure per defendant for the sheriff's deputy to serve
- Affidavit of service. This is a notarized form signed by the deputy declaring how the paper was served. The affidavit will be placed into the packet by the Sheriff's Office.
Note: If you are serving more than one address for the same foreclosure it needs to be divided into separate packets. One per address served.
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Juvenile Summons
A summons commanding a juvenile to appear in court to answer an alleged criminal or status offense against him or her. A parent or guardian can also be required to appear at the court hearing. An Order for Arrest may be issued to bring a parent to court after the parent has been served. Because the summons must be served 3 days prior to court, the deputy has 57 days to attempt service.
Magistrate Summons (complaint for money owed)
A complaint filed by an individual or a company against another individual or company where a judgment is sought for less than $3,000.00. A court date is listed on the summons for appearance in a magistrate's court. The deputy has 60 days to attempt service. The Sheriff’s Office needs 2 copies of the summons and 1 copy of the complaint per defendant.
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Magistrate Summons (complaint to recover possessions)
A complaint filed by an individual or a company against another individual or company where a judgment is sought for the return of property valued less than $3,000.00. A court date is listed on the summons for appearance in a magistrate's court.
Magistrate Summons (complaint for summary ejectment)
A complaint from a landlord that a tenant is in default and must be ejected from the property for failure to keep the lease agreements or violating the lease. Most commonly, tenants are ejected for failure to make the rent payment or payments on time. A court date is listed on the summons for appearance in a magistrate's court.
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Notice of Hearing
A notice issued to a defendant that a hearing is being held against him or her in a matter that he or she may want to be heard before a court enters a judgment against the defendant. The Notice of Hearing is usually issued with a Civil Summons listing the plaintiff's complaint. The deputy has 60 days to attempt service. The Sheriff’s Office needs 2 copies of the summons and 1 complaint per defendant.
Notice of Hearing (prior to foreclosure)
A notice issued to a defendant that a hearing is being held against him or her on foreclosure of property in which the defendant owns or is the lien holder of the property deed.
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Notice of Hearing and Incompetence (guardian ad litem)
A notice issued to a defendant and his/her guardian that a hearing is being held to determine the level of competence of the defendant and the appointment of a guardian. The deputy has 60 days to attempt service.
Notice of Rights to Have Exemptions Designated
A notice issued to a debtor, with a motion to claim exemptions attached for the debtor to fill out and return to the clerk, claiming certain properties within state limits which should be considered exempt from a judgment issued in civil court. The plaintiff must have this paper served on a debtor before an execution of the debt is attempted by the Sheriff. The deputy attempts service and because you are serving the person, not the property, the document cannot be posted. The Sheriff’s Office will need 2 copies of the summons and 1 copy of the motion.
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Order to File Account or Inventory
An order issued by the clerk's office requiring the fiduciary named to respond to the clerk with the appropriate documents filed, listing an inventory or account of the past decedent. This paper is issued after the fiduciary has been named administrator of the estate and has failed to file inventory or the accounts of the deceased within the legal requirements of the state. The state may seek to remove the fiduciary if the fiduciary fails to do his duties in administering the estate.
Order to Show Cause
An order commanding an individual to appear in court to show cause of why the defendant should not be held in contempt for failure to comply with the orders of the court. This type of paper usually refers to child support or alimony payments. Sometimes a judge will issue this paper on other court orders after the judge has been notified about the defendant being negligent or refusing to comply with court orders.
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Subpoena (ad testificandum)
A writ requiring a person to appear and testify at a court hearing.
Subpoena (duces tecum)
A writ requiring a person to appear, testify and produce documents or records at a court hearing.
The Sheriff’s Office MUST have a minimum of 10 days to SERVE subpoena. Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena.
Subpoena (deposition)
A writ requiring a person to appear and testify at the location and time listed. This type of subpoena is issued in criminal and civil proceedings where a party is questioned at a place other than the court. Records are kept on the testimony and used in court at a later date, without the party appearing in the actual court hearing.
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Temporary Restraining Order
An order issued by a judge restraining a person or company from certain actions. This paper is usually issued in civil court as a pre-judgment remedy or after a judge has been informed that the plaintiff's interest may be damaged without the order being issued.
URESA Summons
An order issued by the local clerk's office commanding the defendant appear in district court and answer he or she is not complying with a support order issued in another state. The plaintiff's order must be issued in a state that has a reciprocal agreement with North Carolina to enforce the support order.
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