notice of default template north carolina

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. That means she can try to garnish your wages or attach your bank accounts, among other things. If the court has entered a default judgment against you, the plaintiff can collect it like any other judgment. If you fail to file with the court before your deadline, the plaintiff can ask the court for a “default judgment.” A “default judgment” is a money judgment awarded against you simply because you failed to appear in the case and defend yourself. If you have been served with a summons and complaint, you typically have twenty days to file a response with the court. If the plaintiff is unable to serve the defendant (or the defendant is avoiding service), she can ask the court to serve by publishing a notice in a legal newspaper.

The summons and complaint must be “served” (personally delivered by a process server) to the defendant. The plaintiff also has the court issue a “summons” that notifies the defendant that he is being sued and needs to defend himself. A “complaint” describes what the plaintiff wants and identifies the “defendant” (the party being sued).

To start a civil case, the “plaintiff” (the party suing) files a “complaint” with the court. Learn what to do if you’ve discovered that a “default judgment” was entered against you, which can happen even if you didn’t know you’d been sued and never appeared in court.

Notice of default template north carolina