North Carolina Answer to a Complaint
Answer a North Carolina complaint within 30 calendar days under Rule 12(a)(1). DocDraft drafts it, attorney review available.
Introduction
A North Carolina Answer to a Complaint is the written response you file after you are served with a civil summons and complaint. It admits or denies each numbered allegation, raises any affirmative defenses you rely on, and, if you have a related claim, states it as a counterclaim. In a general civil case, N.C.G.S. § 1A-1, Rule 12(a)(1) gives you 30 calendar days after the summons and complaint are served on you to serve your answer. North Carolina has no statewide mandatory answer form, so what matters is the format and the court. You file in the District Court Division for claims up to $25,000 or the Superior Court Division above $25,000, with the clerk of superior court in the county where the action is pending, using a caption that follows Rule 10(a). You serve a copy on the plaintiff or their attorney under Rule 5 and file a certificate of service. There is no fee to file an answer, but if you cannot advance other costs you can petition to proceed as an indigent on form AOC-G-106. Miss the deadline and the clerk can enter your default under Rule 55(a). DocDraft drafts a North Carolina-formatted answer from your facts, with attorney review available before you file.
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Key Things to Know
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Your deadline is 30 calendar days. In a general civil case, N.C.G.S. § 1A-1, Rule 12(a)(1) gives you 30 calendar days after the summons and complaint are served on you to serve your answer.
- 2
Small claims need no written answer. Under N.C.G.S. § 7A-218, no answer is required in a small claim action (cases up to $10,000 heard by a magistrate). You appear at the hearing instead, and failure to file is treated as a general denial.
- 3
Eviction follows the small claims track. Summary ejectment is heard as a small claim under N.C.G.S. § 7A-218 and § 42-28, so no written answer is required, but you must appear at the trial, which is calendared within about 7 days of summons issuance.
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The court depends on the amount. File in the District Court Division for claims up to $25,000 or the Superior Court Division for claims above $25,000. File with the clerk of superior court in the county where the action is pending.
- 5
There is no statewide mandatory form. North Carolina has no single required answer form. A District Court Answer packet is available for self-represented litigants, but the caption and format must meet N.C.G.S. § 1A-1, Rule 10(a).
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There is no fee to answer, with a waiver for costs. Filing an answer to a civil complaint costs $0 in North Carolina. If you cannot advance required costs, you can petition to proceed as an indigent on form AOC-G-106.
- 7
Know the North Carolina defenses and counterclaim rule. The statute of limitations on a written contract is 3 years under N.C.G.S. § 1-52(1), a frequent defense in debt cases. Under Rule 13, a counterclaim arising from the same transaction is compulsory and can be lost if not raised.
Key decisions before you file
Before you file a Answer to a Complaint in North Carolina, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.
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North Carolina Requirements for Answer to a Complaint
30-Day Answer Deadline
Serve your answer within 30 calendar days after the summons and complaint are served on you, under N.C.G.S. § 1A-1, Rule 12(a)(1). This is the load-bearing deadline in a general civil case. Small claims and summary ejectment evictions follow a different track and require no written answer.
No Statewide Mandatory Form
North Carolina has no single required answer form. You may use the courts' District Court Answer packet or a typed answer, as long as it admits or denies each numbered allegation and raises your affirmative defenses.
District or Superior Court Caption
Caption the answer for the District Court Division (amount in controversy up to $25,000) or the Superior Court Division (above $25,000), in the county where the action is pending. The caption format follows N.C.G.S. § 1A-1, Rule 10(a).
File With the Clerk of Superior Court
File the answer with the clerk of superior court in the county where the action is pending. E-filing is mandatory in counties that have implemented eCourts (Odyssey); otherwise file on paper in person or by mail, under N.C.G.S. § 1A-1, Rule 5.
Serve the Plaintiff and File a Certificate
Serve a copy of the answer on the plaintiff or their attorney by mail, hand delivery, or electronic means, and file a certificate of service, under N.C.G.S. § 1A-1, Rule 5(b).
No Filing Fee, AOC-G-106 Waiver for Costs
There is no fee to file an answer to a civil complaint in North Carolina. If you cannot advance other required costs, petition to proceed as an indigent on form AOC-G-106, based on public assistance, legal-services representation, or inability to advance the costs.
Applicable Affirmative Defenses
Raise every affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, fraud, or res judicata. The statute of limitations on a written contract is 3 years under N.C.G.S. § 1-52(1), a frequent defense in debt cases.
Compulsory Counterclaim If Any
If you have a claim against the plaintiff arising out of the same transaction or occurrence, raise it as a counterclaim in your answer under N.C.G.S. § 1A-1, Rule 13, or you can lose the right to bring it later. Unrelated claims may be raised as permissive counterclaims.