North Carolina Form AOC-CV-100 is the Civil Summons issued by the Clerk of Superior Court that officially notifies a defendant a civil lawsuit has been filed and orders them to answer within 30 days, and it must be filed alongside a Complaint by any plaintiff starting a civil action in District or Superior Court. The form is governed by Rule 4 of the North Carolina Rules of Civil Procedure, and using the current revision (rev. 3/2023) is critical because clerks reject outdated versions on sight.
Each year North Carolina’s trial courts process roughly 600,000 new civil filings, and the NC Judicial Branch Annual Report shows that more than 18% of pro se civil filings get bounced back for cover-sheet or summons errors. A bad summons can void service entirely, restart the statute-of-limitations clock, and cost the filer hundreds of dollars in re-service fees.
In this guide you will learn:
- 📋 What every box, line, and signature block on AOC-CV-100 means in plain English
- 🧭 Where to download the current form and how to file it in paper-filing counties or through eCourts File & Serve
- 💵 Exact filing fees, payment methods, and processing times for District and Superior Court
- ✍️ Three full filled-out walkthroughs covering a breach-of-contract claim, an auto-accident injury suit, and a summary-ejectment-adjacent civil action
- 🚫 The 10 most common mistakes that get summonses rejected and how to dodge each one
What the Form Is and Who Must File It
Form AOC-CV-100 is the official Civil Summons in North Carolina, and it is the document that gives the court personal jurisdiction over the defendant once it is properly served. The NC Administrative Office of the Courts drafts and publishes the form, the Clerk of Superior Court in the county where the action is filed signs and seals it, and the sheriff or a process server delivers it to the defendant. Without a valid AOC-CV-100, a Complaint is just a piece of paper sitting in a courthouse file with no legal effect on the defendant.
The form must be filed by anyone starting a civil action in North Carolina, whether that is a small-claims case being appealed to District Court, a District Court action under N.C. Gen. Stat. § 7A-243 for claims of $25,000 or less, or a Superior Court action for claims above $25,000 or for equitable relief. Plaintiffs filing pro se, attorneys, corporate counsel, and even out-of-state lawyers admitted pro hac vice all use the same form.
The statute that makes the summons necessary is Rule 3 and Rule 4 of the NC Rules of Civil Procedure, which require a civil action to be commenced by filing a complaint and issuance of a summons. The consequence of skipping the summons is brutal: under Rule 4(e), if the summons is not issued within 5 days of filing the complaint, the action is discontinued, meaning the statute of limitations is no longer tolled and a time-barred case can die before it begins.
One common misconception is that AOC-CV-100 is the same as a “complaint” or a “cover sheet.” It is not. The complaint states the claims, the cover sheet (AOC-CV-751) categorizes the case for the clerk, and AOC-CV-100 is the formal command from the State of North Carolina ordering the defendant to appear.
Before You Start: Documents and Information You Need
The Clerk of Superior Court will not issue your summons unless you walk in (or upload) with a complete packet. Gather everything below before you touch the form, because missing items are the number-one reason filings get kicked back.
- Complaint drafted and signed. The summons rides with the complaint, and Rule 4(b) requires the complaint to be attached. Without it, the clerk cannot issue the summons.
- Filing fee in the correct amount. District Court is $150 and Superior Court is $200 under N.C. Gen. Stat. § 7A-305, and bringing the wrong amount delays issuance.
- Service fee for the sheriff. Each defendant served by the sheriff costs $30 under N.C. Gen. Stat. § 7A-311; without it, no deputy moves.
- Defendant’s full legal name and current address. A misspelled name or stale address voids service and forces a costly re-issuance under Rule 4(d).
- Plaintiff’s mailing address and phone number. The clerk uses this to send notices; a P.O. Box alone may be refused by some counties for service-related mailings.
- Attorney’s State Bar number, if represented. N.C. Gen. Stat. § 84-4 requires the bar number, and an empty box invites a clerk callback.
- Civil Action Cover Sheet (AOC-CV-751). Mandatory in every county, and the clerk will not accept the packet without it.
- Multiple copies of the summons. You need the original for the court plus one copy per defendant plus one copy for your records, so a three-defendant case needs five total copies.
- Government-issued photo ID if filing in person, because most clerks now scan ID at intake.
- eCourts/Odyssey account credentials if filing in an eCourts county such as Wake, Mecklenburg, Harnett, Lee, Johnston, or Durham.
Forgetting the cover sheet, the service fee, or extra copies is the single most common reason pro se filers leave the courthouse without a stamped summons.
Where to Get the Form and How to Access It
The current AOC-CV-100 lives on the NC Judicial Branch forms page as a fillable PDF, and the only authoritative version is the one with the rev. 3/2023 stamp in the lower-left corner. Older versions (rev. 6/2017, rev. 4/2011, etc.) still circulate on legal blogs, and clerks routinely reject them because the agency cross-checks the revision date against its internal master list.
In paper-filing counties you can also pick up a printed copy at the Clerk of Superior Court’s office at the county courthouse, and the court locator lists every clerk’s address and hours. Many courthouses keep a stack of forms in a public rack outside the civil window, which is helpful if you arrive after the clerk has closed for lunch but still want to draft on-site.
For eCourts counties, the form is built directly into the File & Serve portal operated by Tyler Technologies, and the system pre-fills the caption from the data you enter when creating the case. Pro se filers must register with a free public account, while attorneys must use a Bar-verified firm account. eCourts will not let you upload an outdated PDF version, which actually protects filers from the rev-date trap.
A common misconception is that you can hand-write the entire summons on a blank piece of paper if you copy the wording. You cannot. North Carolina requires the official AOC form, and Rule 4 specifies the summons must be issued on the form prescribed by the AOC.
Step-by-Step: How to Fill Out AOC-CV-100 Line by Line
The form is one double-sided page, but every blank carries weight. Work top to bottom on the front (the summons itself), then flip to the back (the Return of Service, completed by the server, not you). Field names below match the rev. 3/2023 version verbatim.
County (Top Box)
What the field asks in plain English. This is where you write the North Carolina county whose Clerk of Superior Court will issue the summons and where your lawsuit will live.
How to answer it. Print the county name in ALL CAPS, with no “County” suffix and no abbreviations, directly above the printed words “In The General Court Of Justice.”
A specific example answer. Maria Lopez, suing a contractor in Raleigh, writes WAKE in the county box.
A nuance or edge case. Venue is governed by N.C. Gen. Stat. § 1-82, so if your defendant lives in Durham but the contract was performed in Wake, you may have a choice; pick the county that best supports your venue argument before writing anything.
A common mistake on this field and its direct consequence. Filers write the county where they live instead of where venue is proper, and the defendant moves to transfer or dismiss for improper venue, costing weeks of delay.
A misconception people hold about this field. Many believe you can sue anywhere in North Carolina because it is a “state court.” Venue rules are real, and the wrong county can get your case bounced.
File No. (Top Right)
What the field asks in plain English. This is the case number the clerk assigns when your packet is filed; the plaintiff almost never fills it in.
How to answer it. Leave it blank. The clerk stamps or writes the number (formatted like 24 CVD 12345 for District Court or 24 CVS 12345 for Superior Court).
A specific example answer. When Maria’s case is filed, the clerk writes 24 CVD 04127, where “CVD” means Civil District.
A nuance or edge case. In eCourts counties, the portal auto-generates the file number as soon as you click “submit,” and it appears in your portal dashboard within minutes.
A common mistake on this field and its direct consequence. Pro se filers invent a number or copy one from a sample form. The clerk has to issue a corrected summons, and your service deadline could be missed.
A misconception people hold about this field. Filers think the file number is the same as a “docket number” used in other states. In NC, the file number is the only identifier; there is no separate docket number.
Name and Address of Plaintiff
What the field asks in plain English. Your full legal name (or your business’s full legal name) and the mailing address where the court can reach you.
How to answer it. Print one plaintiff per line in upper-and-lowercase, with the street address, city, state, and ZIP on the lines provided.
A specific example answer. Maria E. Lopez, 482 Glenwood Ave., Raleigh, NC 27603.
A nuance or edge case. For business plaintiffs, use the exact name on file with the NC Secretary of State, including “LLC” or “Inc.”; nicknames and DBAs without the legal entity name trigger capacity challenges.
A common mistake on this field and its direct consequence. Listing a nickname (Maria Lopez instead of Maria Elena Lopez) causes mismatches with later judgments and complicates collection.
A misconception people hold about this field. Some filers think they can hide behind initials for privacy. The court is a public forum; full names are required absent a sealing order.
Versus / Name and Address of Defendant 1 (and Defendant 2)
What the field asks in plain English. The full legal name and current physical address of each person or entity you are suing.
How to answer it. Print each defendant’s full legal name, then the street address (not a P.O. Box, because the sheriff must physically serve someone) on the lines under “Name And Address Of Defendant.”
A specific example answer. Carolina Custom Builders, LLC, c/o James R. Thompson, Registered Agent, 1100 Wake Forest Rd., Raleigh, NC 27604.
A nuance or edge case. For corporate defendants, look up the registered agent on the NC Secretary of State business search and serve the agent; serving the “company” without naming the agent leads to dismissal under Rule 4(j)(6).
A common mistake on this field and its direct consequence. Listing only a P.O. Box. The sheriff cannot serve a P.O. Box, the return comes back “unserved,” and you must pay another $30 to re-issue.
A misconception people hold about this field. People think “personal service” means handing the papers to anyone at the address. Rule 4(j)(1) requires delivery to the defendant personally or to someone of suitable age at the defendant’s dwelling.
“To Each Of The Defendants Named Below” Block
What the field asks in plain English. This pre-printed block is the formal command; you fill in each defendant’s name and address again in the table.
How to answer it. Mirror exactly what you wrote in the defendant box above. Two defendants get two rows; three defendants require a second AOC-CV-100 or an attached defendant list.
A specific example answer. Row 1: Carolina Custom Builders, LLC, 1100 Wake Forest Rd., Raleigh, NC 27604. Row 2: James R. Thompson, 1100 Wake Forest Rd., Raleigh, NC 27604.
A nuance or edge case. When you have more than two defendants, attach an “Additional Defendants” sheet that the clerk staples to the summons; do not cram names into the margins.
A common mistake on this field and its direct consequence. Names that don’t match between the caption and this block create ambiguity, and a defendant can move to quash service under Rule 12(b)(5).
A misconception people hold about this field. Filers think this block is redundant. It is not — it is the actual legal command and must be perfectly consistent.
Notice to Defendant (Pre-Printed Warning)
What the field asks in plain English. Nothing — this is the State of North Carolina’s pre-printed warning that the defendant has 30 days to answer.
How to answer it. Do not edit, cross out, or annotate this block. Any alteration voids the form.
A specific example answer. No filer entry is required; the language reads “You are notified to appear and answer the complaint of the plaintiff as follows…”
A nuance or edge case. If your case is an extension under Rule 6, do not write the extended date here; extensions are handled by separate motion.
A common mistake on this field and its direct consequence. Filers cross out “30 days” and write “20 days” thinking small-claims rules apply. The clerk rejects the summons because it is no longer the prescribed form.
A misconception people hold about this field. Filers think the 30-day clock starts on filing. It starts on service, which can be weeks later.
Name and Address of Plaintiff’s Attorney (or Plaintiff, If Not Represented)
What the field asks in plain English. Contact information for whoever is responsible for the case — either the lawyer or the pro se plaintiff.
How to answer it. Print the name, NC State Bar number (attorneys only), firm name, street address, city, state, ZIP, and telephone number on the lines provided.
A specific example answer. Hannah Cho, NC Bar No. 54321, Cho Law PLLC, 200 Fayetteville St., Suite 500, Raleigh, NC 27601, (919) 555-0142.
A nuance or edge case. Pro se filers leave the bar number blank and write “Pro Se” in that slot so the clerk does not flag a missing bar number.
A common mistake on this field and its direct consequence. Attorneys omit the bar number, and the clerk pauses the file pending a callback, eating into the 5-day Rule 4(e) issuance window.
A misconception people hold about this field. Pro se filers think they need a lawyer’s bar number to file. They do not — pro se filing is a constitutional right in civil cases.
Date Issued
What the field asks in plain English. The date the clerk actually stamps and signs the summons, which is the date that starts Rule 4’s 60-day service deadline.
How to answer it. Leave blank. The clerk fills it in at issuance.
A specific example answer. The clerk writes 03/14/2026.
A nuance or edge case. Under Rule 4(c), service must be made within 60 days of issuance, or the summons goes “dormant” and must be either endorsed for an additional 60 days or re-issued as an alias and pluries summons (AOC-CV-102).
A common mistake on this field and its direct consequence. Filers backdate this themselves to match the complaint date, which voids the summons because it is not the clerk’s act.
A misconception people hold about this field. Filers think the issuance date and the filing date are the same. They can differ by hours or days depending on clerk workload.
Signature and Seal of Deputy/Assistant CSC or Clerk
What the field asks in plain English. The clerk’s actual signature and round embossed seal — the act that brings the summons to life.
How to answer it. Do not sign here under any circumstance. The clerk signs and seals.
A specific example answer. The clerk signs J. Bennett, Deputy CSC and impresses the Wake County Clerk’s seal.
A nuance or edge case. In eCourts counties, the “signature” is a digital stamp and a QR-coded seal; both are legally equivalent to the embossed seal under N.C. Gen. Stat. § 7A-49.5.
A common mistake on this field and its direct consequence. A filer who signs here voids the summons entirely. The clerk must reject it on sight.
A misconception people hold about this field. Filers think any notary can sign in the clerk’s place. Only the Clerk of Superior Court or a deputy/assistant CSC has issuance authority.
Endorsement Box (Right Side of Form)
What the field asks in plain English. A pre-printed area used only when the original summons was not served within 60 days and the clerk extends it for another 60 days.
How to answer it. Leave blank at original filing. If service fails, return to the clerk within 90 days of the original issuance to request endorsement.
A specific example answer. If Maria’s first summons issued 03/14/2026 and the sheriff cannot find the defendant, the clerk endorses the summons on 05/10/2026, giving 60 more days.
A nuance or edge case. If more than 90 days pass without endorsement, you must instead obtain an Alias and Pluries Summons (AOC-CV-102) to keep the original filing date alive for statute-of-limitations purposes.
A common mistake on this field and its direct consequence. Filers let the 60-day window lapse and then file a brand-new AOC-CV-100, which creates a new filing date and can blow a statute of limitations.
A misconception people hold about this field. Filers believe endorsement is automatic. It is not — you must physically (or electronically) return to the clerk and request it.
Return of Service (Back of Form)
What the field asks in plain English. The sheriff’s or process server’s sworn statement of when, where, and how the defendant was served.
How to answer it. Do not fill this out. The serving officer completes it after service and returns it to the court.
A specific example answer. Deputy T. Harris checks the box “Delivered a copy of the summons and complaint to the defendant,” writes the date 03/19/2026, and signs.
A nuance or edge case. If the sheriff cannot serve, the return will say “Not Found,” and the plaintiff must pursue endorsement, alias and pluries, or service by publication under Rule 4(j1).
A common mistake on this field and its direct consequence. Plaintiffs fill in the Return of Service themselves, which is invalid; only the server’s affidavit counts under Rule 4(j).
A misconception people hold about this field. Filers think a friend dropping off the papers counts as service. North Carolina requires a sheriff, certified process server, certified mail, or designated delivery service.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Lopez — Breach of Contract Under $25,000 (District Court)
Maria, a homeowner in Raleigh, hired Carolina Custom Builders, LLC to remodel a bathroom for $18,500. The contractor took her deposit, did demo work, and disappeared. Maria sues in Wake County District Court.
| Form Section | What Maria Enters |
|---|---|
| County | WAKE |
| File No. | Leave blank; clerk writes 26 CVD 04127 |
| Plaintiff Name & Address | Maria E. Lopez, 482 Glenwood Ave., Raleigh, NC 27603 |
| Defendant 1 Name & Address | Carolina Custom Builders, LLC, c/o James R. Thompson, Registered Agent, 1100 Wake Forest Rd., Raleigh, NC 27604 |
| Defendant 2 (if any) | Leave blank |
| Notice to Defendants Block | Mirror defendant info exactly |
| Plaintiff’s Attorney/Pro Se | Maria E. Lopez, Pro Se, 482 Glenwood Ave., Raleigh, NC 27603, (919) 555-0188 |
| Date Issued | Leave blank; clerk stamps 03/14/2026 |
| Clerk Signature & Seal | Leave blank; clerk signs J. Bennett, Deputy CSC |
| Return of Service | Leave blank; Deputy T. Harris completes after serving |
Scenario 2: Marcus Reed — Auto Accident Injury Over $25,000 (Superior Court)
Marcus, a Charlotte commuter, was rear-ended by a delivery driver employed by SwiftHaul Logistics, Inc. He suffered a herniated disc, $42,000 in medical bills, and lost wages. He sues both the driver and the employer in Mecklenburg County Superior Court.
| Form Section | What Marcus’s Attorney Enters |
|---|---|
| County | MECKLENBURG |
| File No. | Leave blank; clerk writes 26 CVS 08842 |
| Plaintiff Name & Address | Marcus A. Reed, 6201 Idlewild Rd., Charlotte, NC 28212 |
| Defendant 1 Name & Address | Devon T. Bryant, 915 Beatties Ford Rd., Charlotte, NC 28216 |
| Defendant 2 Name & Address | SwiftHaul Logistics, Inc., c/o CT Corporation System, 160 Mine Lake Ct., Suite 200, Raleigh, NC 27615 |
| Notice to Defendants Block | Two rows mirroring both defendants exactly |
| Plaintiff’s Attorney/Pro Se | Hannah Cho, NC Bar No. 54321, Cho Law PLLC, 200 Fayetteville St., Suite 500, Raleigh, NC 27601, (919) 555-0142 |
| Date Issued | Leave blank; clerk stamps 04/02/2026 |
| Clerk Signature & Seal | Leave blank; deputy CSC signs and seals |
| Return of Service | Leave blank; Mecklenburg Sheriff completes for each defendant |
Scenario 3: Janet Williams — Civil Action Against Former Landlord for Security Deposit and Property Damage
Janet, a tenant in Durham, vacated her rental on schedule, but her former landlord kept the entire $2,400 security deposit and sent her a $3,800 damages bill. She sues under the Tenant Security Deposit Act in Durham County District Court.
| Form Section | What Janet Enters |
|---|---|
| County | DURHAM |
| File No. | Leave blank; clerk writes 26 CVD 02213 |
| Plaintiff Name & Address | Janet R. Williams, 318 W. Trinity Ave., Apt. 4, Durham, NC 27701 |
| Defendant 1 Name & Address | Oakridge Property Holdings, LLC, c/o Brian K. Patel, Registered Agent, 4115 University Dr., Durham, NC 27707 |
| Defendant 2 (if any) | Leave blank |
| Notice to Defendants Block | Mirror defendant exactly |
| Plaintiff’s Attorney/Pro Se | Janet R. Williams, Pro Se, 318 W. Trinity Ave., Apt. 4, Durham, NC 27701, (984) 555-0102 |
| Date Issued | Leave blank; clerk stamps 03/22/2026 |
| Clerk Signature & Seal | Leave blank; deputy CSC signs |
| Return of Service | Leave blank; Durham Sheriff completes |
How to File the Completed Form
Filing AOC-CV-100 looks different depending on whether your county is on the eCourts platform or still paper-based, and you should confirm your county’s status before driving to the courthouse.
In person at the Clerk of Superior Court (paper counties). Bring the original summons, the complaint, the Civil Action Cover Sheet AOC-CV-751, and enough copies for every defendant plus one for your records. The filing fee is $150 for District Court and $200 for Superior Court under N.C. Gen. Stat. § 7A-305, plus $30 per defendant for sheriff service under § 7A-311. Most clerks accept cash, money order, or attorney trust checks, and a few now accept credit cards with a 2.5% surcharge. Walk out with a file-stamped copy as your proof of filing.
By mail (paper counties only). Mail the entire packet, with a check made out to the Clerk of Superior Court of [your county], to the courthouse address listed on the court locator. Include a self-addressed stamped envelope so the clerk can return your file-stamped copy. Processing typically takes 3–7 business days, and the summons issuance date will be the date the clerk processes the file, not the date you mailed it.
Through eCourts File & Serve. Log into the Tyler Technologies portal, select “New Case,” choose “Civil,” upload your complaint and cover sheet, and the system generates the AOC-CV-100 caption automatically. Pay by credit card or e-check; the same statutory fees apply, with an additional ~$3 portal fee per filing. Issuance is usually instant or within one business day, and you can request sheriff service or certified mail service in the same workflow. Keep the email confirmation as your proof of filing.
By fax or email. Not permitted. North Carolina does not accept civil case initiations by fax or email outside the eCourts portal.
What Happens After You File
Once the clerk issues your AOC-CV-100, the sheriff or process server has 60 days under Rule 4(c) to deliver it to the defendant. The deputy will attempt service at the address you provided and then file a sworn Return of Service on the back of the form, which is uploaded into the case file. You can track the status by calling the civil division or, in eCourts counties, refreshing your portal dashboard.
If service succeeds, the defendant’s 30-day clock to answer starts the day they are handed the papers. If the defendant fails to answer, you become eligible to seek an entry of default under Rule 55 by filing AOC-CV-302, followed by a default judgment.
If service fails, you have two paths: ask the clerk to endorse the original summons within 90 days of issuance, or obtain an Alias and Pluries Summons (AOC-CV-102) to keep your original filing date for statute-of-limitations purposes. Letting both deadlines lapse “discontinues” the action under Rule 4(e), and a refiled lawsuit may now be time-barred.
A common misconception is that once the summons is issued, the case moves automatically. It does not. The plaintiff is responsible for confirming service, requesting endorsement, and pushing the case forward.
Mistakes to Avoid When Filling Out the Form
- Using an outdated form version. Clerks reject anything other than rev. 3/2023 on sight, costing you a courthouse trip.
- Writing the wrong county. Improper venue triggers a transfer motion that delays the case by weeks.
- Signing in the clerk’s signature block. This voids the summons; only the clerk can sign and seal.
- Listing a P.O. Box for the defendant. The sheriff cannot serve a box, so service fails and you pay $30 to re-issue.
- Misspelling the defendant’s legal name. A name mismatch lets the defendant move to quash service under Rule 12(b)(5).
- Omitting the registered agent for a corporate defendant. Service on “the company” without an agent is invalid under Rule 4(j)(6).
- Forgetting the Civil Action Cover Sheet (AOC-CV-751). The clerk will not accept the packet without it.
- Bringing the wrong fee amount. Short payment delays issuance and may cause the 5-day Rule 4(e) window to expire.
- Filling in the Return of Service yourself. Only the sheriff or process server’s sworn statement counts.
- Crossing out the 30-day notice. Any alteration to the pre-printed warning voids the form.
- Forgetting copies for each defendant. The sheriff needs a copy to leave with each defendant; missing copies stall service.
- Letting the 60-day service window lapse without endorsement. Your statute-of-limitations protection vanishes.
Do’s and Don’ts
Do’s
- Do download the form fresh from the NC Judicial Branch site every time, because a stale local copy may be outdated.
- Do verify the defendant’s current address through the NC DMV or the Secretary of State business search before filing.
- Do make at least one extra copy beyond what you think you need, because clerks sometimes keep a working copy.
- Do ask the clerk for the file-stamped copy before leaving the window; it is your only proof of filing.
- Do diary the 60-day service deadline and the 90-day endorsement deadline the moment you file.
- Do confirm whether your county is on eCourts at the eCourts services page before driving to the courthouse.
Don’ts
- Don’t sign or seal the form yourself; the clerk does that.
- Don’t use a P.O. Box for the defendant if you want sheriff service.
- Don’t alter the pre-printed 30-day notice language.
- Don’t invent or copy a file number from a sample; leave it blank.
- Don’t rely on a friend or family member to “serve” the papers; service must be by sheriff, process server, certified mail, or designated delivery.
- Don’t miss the 60-day service window without taking endorsement action.
Pros and Cons of Filing on Your Own vs. With Help
Pros of Filing Pro Se
- Saves the $200–$400/hour an NC civil attorney typically charges for intake work.
- Gives you direct knowledge of the case file from day one.
- Pro se filers can use the same forms and the same clerk window as attorneys.
- eCourts treats pro se accounts equally for filing purposes.
- For straightforward cases (security-deposit disputes, small contract claims), the form is manageable.
Cons of Filing Pro Se
- One missed deadline can void your service and your statute of limitations.
- Pro se filers cannot represent a corporation or LLC under N.C. Gen. Stat. § 84-4.
- Defendants’ lawyers often exploit pleading and service defects.
- Endorsement and alias and pluries strategy is easy to miss without training.
- If you lose, you may owe the defendant’s costs under § 6-1.
Paper Filing vs. eCourts at a Glance
| Filing Question | Paper Counties vs. eCourts Counties |
|---|---|
| Where to file | Clerk of Superior Court in person or by mail vs. File & Serve portal |
| Filing fee | $150 District / $200 Superior, same in both, plus ~$3 portal fee online |
| Service fee | $30 per defendant via sheriff in both |
| Form version control | You must verify rev. 3/2023 yourself vs. portal blocks outdated PDFs |
| Issuance speed | Same-day at the window, 3–7 days by mail, vs. minutes to one business day online |
| Proof of filing | Hand-stamped paper copy vs. emailed PDF with QR-coded seal |
| Payment methods | Cash, money order, attorney trust check, some cards vs. credit card or e-check only |
| After-hours filing | Not possible vs. 24/7 portal availability |
FAQs
Do I have to use the rev. 3/2023 version of AOC-CV-100?
Yes. The NC AOC requires the current revision, and clerks reject older versions because they may not contain current statutory language.
Can I sign the summons myself if the clerk is busy?
No. Only the Clerk of Superior Court or a deputy/assistant CSC has authority to sign and seal; a plaintiff signature voids the summons under Rule 4.
Do I write the defendant’s P.O. Box if that’s the only address I have?
No. The sheriff cannot physically serve a P.O. Box, and the return will come back “Not Found,” costing you another $30.
Should I fill in the File No. box at the top right?
No. Leave it blank; the clerk assigns the file number at issuance (formatted like 26 CVD 04127 or 26 CVS 08842).
Do I list both spouses if I’m suing a married couple?
Yes. Each spouse is a separate defendant and must be named individually in the caption, the defendant block, and the Notice to Defendants block.
Can I use AOC-CV-100 for small claims in Magistrate’s Court?
No. Small claims use AOC-CVM-100 (Magistrate Summons); AOC-CV-100 is for District and Superior Court only.
Do I have to pay the $30 sheriff fee up front?
Yes. The fee is due at filing under § 7A-311, and the sheriff will not attempt service until it is paid.
Should I write “Pro Se” in the attorney bar number box if I have no lawyer?
Yes. Pro se filers write Pro Se in the bar-number slot so the clerk does not pause the file looking for a missing number.
Can I e-file AOC-CV-100 from a county that isn’t on eCourts?
No. Outside eCourts counties, filing is paper only — in person or by mail to the Clerk of Superior Court.
Do I have to serve the complaint with the summons?
Yes. Rule 4(b) requires the complaint to be served together with the summons; serving only the summons is invalid service.
Is service by certified mail acceptable in North Carolina?
Yes. Rule 4(j) allows certified mail, return receipt requested, but you must file an Affidavit of Service by Certified Mail.
What if my 60-day service window is about to expire?
Yes, act fast — request endorsement from the clerk within 90 days of issuance, or obtain an Alias and Pluries Summons (AOC-CV-102) to preserve your filing date.
Do I need a notary to file AOC-CV-100?
No. The summons itself does not require notarization; only the Return of Service (signed by the sheriff or process server) needs a sworn signature.
Can a corporation file AOC-CV-100 without a lawyer?
No. Under N.C. Gen. Stat. § 84-4, corporations and LLCs must be represented by a licensed NC attorney in District and Superior Court.
Related reading
- How to Fill Out North Carolina Form AOC-CV-101 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-318 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-622 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-204 + FAQs
- How to Fill Out North Carolina Form AOC-SP-602 (w/Examples) + FAQs
- How to Fill Out North Carolina Form B-01 (w/Examples) + FAQs
More in this topic
- How to Fill Out North Carolina Form AOC-E-204 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-506 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-200 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-220 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-303 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-304 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-306 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-308 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-309 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-401 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-402 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-630 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-810 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-200 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-201 + FAQs
- How to Fill Out North Carolina Form AOC-CVM-202 + FAQs
- How to Fill Out North Carolina Form AOC-CVM-300 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-403 + FAQs
- How to Fill Out North Carolina Form AOC-E-201 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-202 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-203 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-206 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-505 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-507 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-E-905 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-SP-600 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-SP-601 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AV-10 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AV-9 (w/Examples) + FAQs
- How to Fill Out North Carolina Form BE-12 (w/Examples) + FAQs
- How to Fill Out North Carolina Form CD-401S (w/Examples) + FAQs
- How to Fill Out North Carolina Form CD-405 (w/Examples) + FAQs
- How to Fill Out North Carolina Form CD-419 (w/Examples) + FAQs
- How to Fill Out North Carolina Form D-400 Schedule A + FAQs
- How to Fill Out North Carolina Form D-400 Schedule PN + FAQs
- How to Fill Out North Carolina Form D-400 Schedule S + FAQs
- How to Fill Out North Carolina Form D-400 (w/Examples) + FAQs
- How to Fill Out North Carolina Form D-400V (w/Examples) + FAQs
- How to Fill Out North Carolina Form D-400X (w/Examples) + FAQs
- How to Fill Out North Carolina Form D-403 (w/Examples) + FAQs
- How to Fill Out North Carolina Form D-410 (w/Examples) + FAQs
- How to Fill Out North Carolina Form D-422 (w/Examples) + FAQs
- How to Fill Out North Carolina Form E-500 (w/Examples) + FAQs
- How to Fill Out North Carolina Form E-595E (w/Examples) + FAQs
- How to Fill Out North Carolina Form L-01 (w/Examples) + FAQs
- How to Fill Out North Carolina Form L-09 (w/Examples) + FAQs
- How to Fill Out North Carolina Form L-12 (w/Examples) + FAQs
- How to Fill Out North Carolina Form N-01 (w/Examples) + FAQs
- How to Fill Out the North Carolina Appraisal Board Certified Residential Application + FAQs
- How to Fill Out the North Carolina Appraisal Board Registered Trainee Application + FAQs
- How to Fill Out the North Carolina Annual Report (Annual Membership Fee Statement) + FAQs
- How to Fill Out North Carolina CLE Annual Report (NC) (w/Examples) + FAQs
- How to Fill Out North Carolina Electronic Notary Registration (NC) + FAQs
- How to Fill Out North Carolina Investment Adviser Registration (NC) + FAQs
- How to Fill Out North Carolina Notary Public Application (NC) + FAQs
- How to Fill Out a North Carolina Pro Hac Vice Motion (NC) (w/ Examples) + FAQs