DocDraft Logo

North Carolina Answer to a Complaint

North Carolina gives you 30 calendar days to answer a complaint under Rule 12(a)(1). File in District or Superior Court before a default judgment is entered.

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.

0/5000

Key Things to Know

  1. 1

    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. 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. 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.

  4. 4

    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. 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).

  6. 6

    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. 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

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF NORTH CAROLINA\nIN THE GENERAL COURT OF JUSTICE\n[DISTRICT COURT / SUPERIOR COURT] DIVISION\nCOUNTY OF [COUNTY]\n\nCase No. [CASE NUMBER]\n\n[PLAINTIFF NAME],\n Plaintiff,\n\n v.\n\n[DEFENDANT NAME],\n Defendant.\n\nANSWER TO COMPLAINT\n\nDefendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows. (Use the District Court Division for an amount in controversy up to $25,000, or the Superior Court Division if it exceeds $25,000. The caption follows N.C.G.S. 1A-1, Rule 10(a).)\n\nRESPONSES TO ALLEGATIONS\n1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies] the allegations.\n2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief and therefore denies] the allegations.\n[Continue for each numbered paragraph of the Complaint.]\n\nAFFIRMATIVE DEFENSES\nFirst Defense: [e.g., the claim is barred by the 3-year statute of limitations on a written contract under N.C.G.S. 1-52(1)].\nSecond Defense: [e.g., payment, release, accord and satisfaction, or another defense under N.C.G.S. 1A-1, Rule 8(c)].\n[Add each affirmative defense you intend to rely on.]\n\nCOUNTERCLAIM (if any)\n[State any claim you have against the Plaintiff. Under N.C.G.S. 1A-1, Rule 13, a counterclaim arising out of the same transaction or occurrence is compulsory and must be raised here or it may be lost.]\n\nWHEREFORE, Defendant requests that the Court dismiss the Complaint, deny the relief the Plaintiff seeks, tax the costs against the Plaintiff, and grant any further relief the Court deems just and proper.\n\nThis the [DAY] day of [MONTH], [YEAR].\n\n[SIGNATURE]\n[DEFENDANT NAME], Defendant, Pro Se\n[ADDRESS / PHONE / EMAIL]\n\nCERTIFICATE OF SERVICE\nI certify that on [DATE] I served a copy of this Answer on [PLAINTIFF / PLAINTIFF'S ATTORNEY] at [ADDRESS] by [mail / hand delivery / electronic means] in accordance with N.C.G.S. 1A-1, Rule 5(b).\n\n[SIGNATURE]

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.

Frequently Asked Questions

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 written answer. The track differs for other case types: small claims (up to $10,000) and summary ejectment evictions require no written answer because you appear at the hearing, and family dissolution responses follow the same 30-day rule. Missing your deadline can lead to a default judgment.

North Carolina has no single statewide mandatory answer form. The North Carolina courts publish a District Court Answer packet that self-represented litigants can use, but a typed answer is accepted as long as the caption and format meet N.C.G.S. § 1A-1, Rule 10(a). The answer must admit or deny each numbered allegation and raise any affirmative defenses you intend to rely on.

File your answer with the clerk of superior court in the county where the action is pending. The case is in the District Court Division if the amount in controversy is up to $25,000 and the Superior Court Division if it exceeds $25,000. E-filing is mandatory in counties that have implemented eCourts (Odyssey); otherwise you file on paper in person or by mail under N.C.G.S. § 1A-1, Rule 5.

There is no fee to file an answer to a civil complaint in North Carolina. If you cannot advance other required court costs, you can petition to proceed as an indigent on form AOC-G-106, based on receiving public assistance such as SNAP, TANF, or SSI, representation by legal services, or an affidavit that you are unable to advance the costs.

If you do not answer within 30 days, the clerk can enter your default under N.C.G.S. § 1A-1, Rule 55(a), which can lead to a default judgment for what the complaint requests. You may be able to set the default aside under Rule 60(b) by showing mistake, inadvertence, surprise, or excusable neglect, filed within a reasonable time and, for those grounds, not more than one year. Filing on time is the reliable path.

Yes. Under N.C.G.S. § 1A-1, Rule 13, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be raised in your answer, or you can lose the right to bring it later. A counterclaim on an unrelated matter is permissive and may also be included. You plead the counterclaim within the answer itself.