Nc Mecklenburg County-CHarlotte

HI,

I need to file a motion for entry of default for one of my customers. I have done all the paper work but I am stuck on the affidavit because I cant find the notice of delivery that I have sent do the defendant. I dont even have the tracking numbers. What am I suppose to do? What other documents do I need to file with the entry of default? Would my case be thrown out since I dont have any prove of showing that I send her the complaint. But she has filed for the ectension 3 months later the complaint was filled. Would that Help anything please help me.

I don't understand why your motion for the entry of default has to address the process service of the summons and complaint.

If you are using a pre-printed court form can you post a link to it so I can see what you are doing.

I am attaching an affidavit of service of process. Here is the motion

This is entry of default

WHEREAS, it has been made to appear to the undersigned Clerk of Superior Court of Mecklenburg County, by motion, and the remaining record of this cause, that Defendant was properly served with legal process by designated delivery service and received a copy of the Summons and Complaint in accordance with the laws of North Carolina; and that the Defendant has failed to answer, plead or otherwise defend this action in the time allowed by law;

NOW, THEREFORE, default is hereby entered against defendant Davis in this action as provided by Rule 55 (a) of the North Carolina Rules of Civil Procedure.

   &nbs... This ___ day of _______, 2010.

 Motion for entry od default

Pursuant to Rule 55 of the North Carolina Rules of Civil Procedure, plaintiff (name ), (name of company), hereby moves this Court for a default entry against the defendant  Davis. Defendant obtained an extension of time through January 14, 2010 to respond, and Defendant failed to answer, plead, or otherwise defend this action within the time allowed as required by law, as shown by the record in this case.

This ____ day of ____, 2010.

I'm not a lawyer and this is not legal advice, just a helpful comment.

I think you would be safe to file your motion without attaching an affidavit of service if there is nothing in the rules that says you have to attach it.

Since she filed for an extension (in writing? with a written response by the court? and you have copies of both?) it could be construed as acceptance of service.

If it was me, I'd file the motion as is, without attaching the affidavit of service.

If she moves to set the judgment aside later, you can address that in a response to her motion.

If she doesn't move to set it aside, no harm no foul.

Thank you, I will probably do that than and see what happens. Do you know where I can find what is required for the NC court when filing an entry of default. I have been told that I can file the default judgment right away but some told me that I might have to wait 30 days to let her respond and they file it. Would you know anything about this?

Your motion format that you posted refers to Rule 55 of the NC Rules of Civil Procedure.

Here it is:

http://www.ncga.state....

See (b) (2) b. 1 and 2.

You can file the motion now, but you have to serve a copy on her and then she has 30 days to file a response.

You can probably just serve it on her by regular mail but I'd do certified return receipt as well, on the chance that she doesn't just routinely duck certified mail.

There's probably a place on the motion form that states you mailed it on such and such a day.

Here's all of the Rules of Civil Procedure:

http://www.ncga.state....

I have filed a motion for "entry of default" in the court. I am still waiting to get the stamped copies from the  court so I can Mail the motions to the defendant. I know when i get the motions back that I can file the default judgement. I Live in charlotte, nc mecklenburg county can someone tell me where i can find the examples so I can start ahead of time to do the default judgment. What else should be included with the default judgmenet and what happens next after I file the "default judgment? THANKS

No worries, I've deleted the duplicate post. 

We ask that you contain your discussion in one thread and in the most appropriate forum to avoid parallel discussions.  Many of the same respondents read across multiple forums.

Thanks for your cooperation.

Sharon

Life is full of Surprises:

I have filed a motion for "entry of default" in the court. I am still waiting to get the stamped copies from the court so I can Mail the motions to the defendant.

What I've always done is prepare 4 copies with my affidavit of mailing at the bottom all signed and have all 4 stamped at the court, take them with me and mail the one to the defendant on the way out.

You can probably mail an unstamped copy to the defendant unless there is something to the contrary in the court procedure.

Life is full of Surprises:

I Live in charlotte, nc mecklenburg county can someone tell me where i can find the examples so I can start ahead of time to do the default judgment. What else should be included with the default judgmenet

I don't know if you have to prepare the judgment form or if the court just issues one.

Either way the following form looks like what should be used:

http://www.nccourts.or...

Here's a link to all NC judicial forms:

http://www.nccourts.or...

Life is full of Surprises:

what happens next after I file the "default judgment?

After the judgment is issued by the court and sent to the defendant, the defendant will have a certain amount of time to appeal. I think ten days but you can verify that at:

http://www.legalaidnc....

Once the appeal period is past, you enforce the judgment.

Unfortunately, NC is one of those states that do not allow wage garnishment so you'll have to look into bank account levy.