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I wish to file a civil suit in North Carolina for breach of ...

Sent to Legal Experts May 13 2008 at 3:57 PM
   

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?

 

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Fayetteville, North Carolina

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May 13 2008 at 6:49 PM (2 hours and 52 minutes and 11 seconds later)
         
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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. Images available only to Customers.



Please be aware that I may not be licensed to practice law in your jurisdiction, and therefore am not giving you "legal advice". You understand that an attorney/client relationship is not to be established.
Winston Mortain -- Lawyer. -- 99% Positive Feedback on 651 Legal Accepts
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May 14 2008 at 1:36 AM (6 hours and 46 minutes and 55 seconds later)
         
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.

Edited by Customer (name blocked for privacy) on May 14 2008 at 4:43 PM
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May 14 2008 at 6:24 PM (16 hours and 48 minutes and 11 seconds later)
         
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Winston Mortain -- Lawyer. -- 99% Positive Feedback on 651 Legal Accepts
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May 17 2008 at 8:25 AM (2 days and 14 hours later)
         
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May 18 2008 at 8:35 AM (1 day later)
         
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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



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