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Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
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I wish to file a civil suit in North Carolina for breach of ...

Customer Question

I wish to file a civil suit in North Carolina for breach of contract (an unincorporated separation agreement) against a respondent in Minnesota who is subject to personal jurisdiction in this state. I am an MBA with a concentration in corporate law, so I am familiar with RCP. I wish to file pro se. First, how do I go about doing this? Where can I get an example of such a petition to use as a template? I cannot use small claims because both parties must be in the same county. Step-by-step, what must I do and how do I do it?
Submitted: 6 years ago.
Category: Legal
Expert:  Winston Mortain replied 6 years ago.

What is an unincorporated separation agreement?

by RCP you mean "rules of civil procedure", I assume.

To learn the local practice in Fayetteville, I suggest that you go to the local courthouse and ask to see some case fies, particularly cases relating to corporate litigation. They will contain pleadings you can use as templates and which would be much more reliable indicata of local practice than you could get online.

When I graduated from law school, the local clerk of court, a mere high school graduate, taught me a suprising number of things. Smiletitle="Smile" width="18" height="18"/>

Customer: replied 6 years ago.
Reply to Winston Mortain's Post: unincorporated means it wasn't issued as part of the divorce decree and thus remains effectively a contract. RCP is exactly as you stated. Thanks

I still ask that the rest of the questions be answered. I would like an electronic copy of such a civil suit, as well.
Expert:  Winston Mortain replied 6 years ago.

I have opted out.

I don't think you want a "template" for a civil complaint to be filed in North Carolina, you want a draft of the exact pleading you desire to file. And then you want a "step by step" recipe for litigating your case.

With all due respect, we at Just Answer are not able to do that for you. At least I am not. What you need is an attorney licensed to practice in North Carolina, or at least a paralegal familiar with the local practice. I am neither.

Good luck.

Customer: replied 6 years ago.
You opted out!
Expert:  Mr Lofton replied 6 years ago.

First you prepare a complaint with a caption at the top:

Name of Court

County

Plaintiff (you)

v.

Defentant (him)

COMPLAINT AND DEMAND FOR JURY TRIAL

(then numbered paragraphs)

1. Plaintiff is an individual and resident of (county), (state).

2. Defendant is an individual and resident of (county), (state).

3. On or about (Date) plaintiff and defendant entered into a contract, a copy of which is attached hereto as Ex. "A".

4. The defendant has breached said contract, by (list the particulars of how he has breached the contract)

WHEREFORE, plaintiff demands judgment against the defendant in such sum as a jury shall award together with costs and interest.

/s/ (your name, address, tel #)

See here for N.C. complaint forms: http://law.justia.com/northcarolina/codes/chapter_1a/gs_1a-1,_rule_84.html

Now, go to the court house and see if they require a civil cover sheet - if so, fll it out and file your complaint and the civil cover sheet and pay the fee they require.

Get a summons from the court - fill it out.

Take a copy of your complaint and a copy of the summons and put them in an envelope and mail them to the defendant, certified mail, return receipt requested. Put in a cover letter telling him he is herewith being served pursuant to the provisions of the North Carolina Long Arm Statute and that his answer is due to be filed in court within twenty days.

When you get the greeen card back, fill out the "return of service" section of the "summons" (you're keeping the original) and file it in court - at this point you have filed your case and it has been served. Wait for his answer. If he does not answer, file motion to default him!

All the best

Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience: 30 years of experience as a counselor and trial lawyer
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Mr Lofton
Mr Lofton
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30 years of experience as a counselor and trial lawyer