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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. title="Smile" width="18" height="18"/>
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.
First you prepare a complaint with a caption at the top:
Name of Court
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
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