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Terms in this set (176)
State the function and purpose of Primary function: 1. Giving notice 2. preserving the status quo.
civil process. 3. Providing remedies for parties. 4. Enforcing decisions of the
courts.
Civil actions, there is no arrest or issued citation. Non- criminal
State the purpose of civil process actions, there must be a way to notify the defendant that claims
that have been alleged against them by the plaintiff and what the
must do to respond.
State how to access the North The referenced form number can be entered in the form
Carolina administrative office of number field on the AOC'S webpage and a copy of that civil
the court's standard forms for process will be retrieved in fillable PDF format.
civil process and describe the
standard fee for service of that
process by law enforcement.
If a law enforcement officer is serving items of the civil process
there is a 30.00 fee for service to be collected in advance. This
Standard fees for services of the fee is the fee per party to be served by the item of civil
process:
process. Only 1 party only 30.00 is collected however 1 item of
the civil process is to be served on two parties a fee of 60.00
is collected 3 parties is a fee of 90.00
, 1. Magistrate's summons (aoc-cvm-100)
2. Civil summons ( aoc-cv-100)
3. Special proceeding summons( aoc-sp-100)
4. partition proceedings summons ( aoc-sp-101)
5. notice of hearing- power of sale forecloser.
6.Juvenile summons ( undisciplined/delinquent) ( aoc-j-340)
Identify the various types of civil
7. juvenile summons ( abuse/neglect/dependent) ( aoc-j-142)
process as provided in the lesson
8. Summons in proceeding to terminate parental right( aoc-j-208)
plan.
9.subpoena (aoc-g-100)
10. domestic violence (50 b) civil process
11. civil no contact ( 50-c) civil process
12. workplace violence prevention civil process.
1. copy of the complaint or petition and all other
necessary court documents 2.summons, must be served
State what is required for select
on each name defendant
types of civil process to be
3.printed on the aoc form to the check the governing statue to
considered valid
determine what must be attached and served
4. enough copies included to be served on each of the parties named for
service.
State how to properly serve the 1. Ordinary civil summons: is personal service , leaving
civil copy of the complain and summons at the defendants home
process on the different types
with someone of suitable age and ( mentally competent) or
of parties to a civil suit,
specified agent.
beginning with an ordinary civil
summons and then moon g on
to special
item of civil process.
the sheriff must certify in his return that the process has
Demonstrate how to make a
been served, showing the place, time, and manner of service
proper return of the civil
this answers the questions of who, where, why , what, how,
process
when.
1. ordinary civil summons= 60 days from the date it is issued.
2. Magistrate summons= 60 days, served no late than 5
days before the date scheduled for hearing.
3. Magistrate summons in a summary ejectment action= 5 days
form the issuance of the summons and at least 2 days before
State the time limits for service
the date of the scheduled hearing
of various types of civil process
4. juvenile summons ( undisciplined/ delinquent)= served not
and demonstrate how to
less than 5 days before the scheduled hearing. after 30 days if
compute the time limit in which
, to serve civil process. not served it should be immediately returned to the issuing
clerk.
5. Juvenile summons ( abuse/ neglect/ dependent)= served not
less than 5 days before the scheduled hearing date.
6. Notice of hearing the foreclosure under power sale= served
not less than 10 days, via posting must be done lo later than
20 days.
7. domestic violence civil summons= expire after 60 days.
1. attachment= seizure of a debtor's real or personal property
sufficient in amount to satisfy a judgment.
2. garnishment= proceeding is to discover and subject to attachment
tangible
as provided in the lesson plan personal property of the defendant, not in his/ her possession,
identify the following but the possession of another person and any indebtedness
prejudgment remedies. 3. claim and delivery= is to claim the immediate delivery of
certain specified personal property.
.
1. executions against the property: the sheriff is to seize the
personal property to sell to satisfy the outstanding judgment. 2.
executions against the person: civil order for arrest and are very
identify the post- judgment
specific in nature and rare. issued when there is reason to
remedy of execution
believe the judgment debtor is about to flee the jurisdiction to
avoid paying the judgment or has concealed assets to defraud
creditors. 3. executions for delivery of specific
property: execution is against property which requires levy on
and sale of personal or real property to satisfy a judgment.