North Carolina Form AOC-CV-101 is the official Civil Summons issued by the Clerk of Superior Court that tells a named defendant a civil lawsuit has been filed against them and that they must answer within a fixed deadline or lose by default. Every plaintiff who files a civil complaint in District or Superior Court in North Carolina must submit this form with the complaint under Rule 4 of the N.C. Rules of Civil Procedure, and any mistake in the caption, the parties’ names, the county, or the service block can void service and force the case to restart.
The form’s current revision date is 04/2024, and you should always confirm you have the latest version at the NC Judicial Branch forms page before you file. According to the North Carolina Administrative Office of the Courts, more than 600,000 civil actions are filed each year in the state, and clerks reject or require correction on a sizable share of pro se filings because of summons errors alone.
- 📝 How to complete every field on AOC-CV-101 line by line, including the caption, county, and service block.
- ⏰ The 30-day answer deadline, the 60-day service window, and how to keep your summons alive with an alias and pluries.
- 💵 Current filing fees, sheriff service fees, and fee-waiver options through Petition AOC-G-106.
- 🧾 Three full walkthroughs covering contract, car accident, and landlord-tenant scenarios.
- ⚖️ Common rejection traps, registered-agent rules, and the difference between District and Superior Court divisions.
What the Form Is and Who Must File It
Form AOC-CV-101 is the Civil Summons used in every general civil action filed in North Carolina state court. It is the official court order that commands the defendant to appear and answer the complaint. The summons is issued under the authority of the Clerk of Superior Court and travels with the complaint when the sheriff or process server delivers it. Without a valid summons, the court has no personal jurisdiction over the defendant, and any judgment entered is void.
Plaintiffs file this form when they start a lawsuit in District Court (claims of $25,000 or less) or Superior Court (claims over $25,000), as set out in N.C. Gen. Stat. § 7A-243. Both attorneys and pro se filers use it. Common filers include a homeowner suing a contractor, a driver suing after a car wreck, a landlord suing a former tenant for unpaid rent, a business suing for a bad debt, or a spouse filing for divorce. The plaintiff prepares the form, but the Clerk signs and seals it before it becomes effective under Rule 4(b).
The agency that receives the form is the Clerk of Superior Court in the county where the action is filed. The statute that drives it is Rule 3 (commencement of action) and Rule 4 (process) of the N.C. Rules of Civil Procedure. The penalty for getting it wrong is severe: the case can be dismissed for insufficient service of process, the statute of limitations may run out, and the plaintiff may lose the right to sue forever.
Before You Start: Documents and Information You Need
Gathering the right information before you open the form saves a return trip to the courthouse and prevents the clerk from rejecting your filing. Pro se filers most often stumble because they cannot prove the defendant’s address or because they guess at venue. Slow down here.
- Plaintiff’s full legal name and current address. The clerk uses this to mail orders. If you move and never update the address, you may miss a hearing notice.
- Defendant’s full legal name and service address. For an individual, use the legal name on their driver’s license. For a business, pull the exact entity name and registered agent from the NC Secretary of State business search.
- County of venue. Venue is set by N.C. Gen. Stat. § 1-82, usually the county where the defendant lives or where the events happened.
- Division (District or Superior). Driven by the amount in controversy under § 7A-243.
- The complaint itself. The summons cannot issue without a complaint attached under Rule 3.
- Civil Action Cover Sheet AOC-CV-751. Required at the time of filing.
- Filing fee or fee waiver. $150 in District Court, $200 in Superior Court. If you cannot pay, use Petition AOC-G-106.
- Sheriff service fee. $30 per defendant, payable to the Sheriff of the county where the defendant will be served, under N.C. Gen. Stat. § 7A-311.
- Telephone numbers for plaintiff and counsel. Required in the signature block.
- State Bar number for any attorney signing.
Where to Get the Form and How to Access It
The official, fillable PDF lives at the NC Judicial Branch civil summons form page, and that is the only version a clerk will accept. Download the form fresh each time you file; the AOC updates revision dates and an outdated form can be rejected at intake. Save the file with a name that includes the defendant’s last name and the date so you do not file the wrong draft.
In counties that have moved to NC eCourts, filing happens through the Odyssey File & Serve portal, which auto-issues the summons after the clerk reviews the complaint. As of 2026, eCourts is live in most populous counties including Wake, Mecklenburg, Durham, and Johnston, with phased rollouts continuing. In paper counties, you bring three printed copies of the summons to the Clerk of Superior Court — one for the court file, one for the defendant, and one for your records.
Spanish-language and large-print versions are not officially published for AOC-CV-101, but the NC Judicial Branch language access page explains how to request interpreter help. Public libraries and many county Self-Help Centers print the form for free.
Step-by-Step: How to Fill Out AOC-CV-101 Line by Line
The form fits on one page but every block matters. Work top to bottom and copy information from your complaint exactly so the two documents match.
Block 1: “In the General Court of Justice”
This pre-printed header tells the world the case is filed in the North Carolina trial courts. You select which Division by checking either District Court Division or Superior Court Division.
How to answer: Check District Court Division if your claim is $25,000 or less, including a divorce, custody, or small-dollar contract case. Check Superior Court Division if your claim is more than $25,000 or involves equitable relief that belongs in Superior Court.
Example: Maria Lopez is suing for $8,400 in unpaid wages. She checks District Court Division.
Nuance: Some claims, like a will caveat or a special proceeding, bypass this choice entirely and use a different form. If your action involves both legal and equitable claims and the amount exceeds $25,000, choose Superior Court.
Common mistake and consequence: Filers check Superior Court when their claim is $10,000 to keep the case “more serious.” The clerk routes the case wrong, fees are paid wrong, and the defendant may move to transfer, costing weeks.
Misconception: People think checking the wrong division is harmless. It is not — the wrong division can lead to a motion to transfer under § 7A-258 and added cost.
Block 2: “County” (top right)
The County block names the county where the action is filed. It controls venue and which courthouse hears the case.
How to answer: Print the county name in ALL CAPS, e.g., WAKE. Do not write “Wake County” — just the county name.
Example: Marcus Bell sues a contractor who built a deck at his Cary home. He writes WAKE.
Nuance: For a defendant who is a North Carolina resident, venue is proper in the county where the defendant lives under § 1-82. For a real-property dispute, venue is mandatory in the county where the land sits under § 1-76.
Common mistake and consequence: Filers pick their home county when the defendant lives elsewhere. The defendant moves to change venue, the case pauses for 60+ days, and the plaintiff pays the cost of the motion.
Misconception: People assume “I file where I live.” That is wrong for most lawsuits — venue follows the defendant or the property in most civil actions.
Block 3: “File No.”
The File Number is the unique docket number for the case. It looks like 24 CVD 4218 (District) or 24 CVS 4218 (Superior).
How to answer: Leave it blank. The Clerk assigns and writes the file number when the complaint is filed and stamped.
Example: Aisha Carter leaves the box empty; the clerk stamps 26 CVD 01972.
Nuance: If you are filing an alias and pluries summons or an amended complaint, copy the original file number into this box exactly. Do not invent one.
Common mistake and consequence: Filers write their own number. The clerk has to scratch it out, and in eCourts the system may reject the upload.
Misconception: People think the file number comes from the plaintiff’s lawyer’s internal numbering. It does not — only the Clerk of Superior Court issues docket numbers.
Block 4: Plaintiff Caption — “Name And Address Of Plaintiff”
This block names every plaintiff in the case. It must match the complaint exactly.
How to answer: Print the full legal name first, then the street address, city, state, and ZIP on the lines below. If there are multiple plaintiffs, write “See attached” and add an extra sheet listing all plaintiffs.
Example: Maria Elena Lopez, 412 Holly Springs Rd., Apt. 3B, Raleigh, NC 27603.
Nuance: For a business plaintiff, use the entity name registered with the NC Secretary of State, like Lopez Cleaning Services, LLC, not a trade name.
Common mistake and consequence: Filers use a nickname (Liz instead of Elizabeth). The defendant can argue the wrong party filed and seek dismissal.
Misconception: People think they can list themselves “doing business as” their company. A sole proprietor sues in their personal name; an LLC sues in the LLC name.
Block 5: “VERSUS”
A pre-printed connector. Nothing is written here, but make sure the plaintiff side and defendant side are aligned.
How to answer: No entry needed.
Example: N/A.
Nuance: If you accidentally type a name into this band in a fillable PDF, the clerk may reject the form.
Common mistake and consequence: Stretching the plaintiff list into the Versus row makes the form unreadable.
Misconception: People think this is where the lawsuit “type” goes. It is not.
Block 6: Defendant Block — “Name And Address Of Defendant To Be Served”
This is the most error-prone block on the form. It names one defendant per summons.
How to answer: Print the defendant’s full legal name and the address where the sheriff will serve them. If you have more than one defendant, you must complete a separate AOC-CV-101 for each defendant.
Example: Bright Side Roofing, LLC, c/o Registered Agent: James T. Hardin, 1500 Capital Blvd., Raleigh, NC 27604.
Nuance: For an LLC or corporation, serve the registered agent listed on the NC Secretary of State business search. Write “c/o Registered Agent: [name]” on the first line.
Common mistake and consequence: Filers list a P.O. Box. The sheriff cannot serve a P.O. Box, the summons returns unserved, and the 60-day clock under Rule 4(c) keeps running.
Misconception: People believe one summons can name many defendants. It cannot — each defendant gets their own AOC-CV-101.
Block 7: “Date Original Summons Issued”
Used only when you are issuing an alias and pluries summons to revive an expired original summons.
How to answer: Leave blank on the first summons. On any later alias/pluries summons, enter the date the clerk first issued the original summons in MM/DD/YYYY format.
Example: Jane Patel’s first summons issued 01/14/2026; her alias summons on 03/30/2026 lists 01/14/2026 in this box.
Nuance: An original summons becomes dormant after 60 days without service. You revive it within 90 days of dormancy by endorsement or alias under Rule 4(d).
Common mistake and consequence: Filers leave this blank on an alias summons. The court may treat the new summons as a new action, which can blow the statute of limitations.
Misconception: People think the original date is automatic. The clerk does not fill this in for you; the filer must.
Block 8: “Date(s) Subsequent Summons(es) Issued”
Tracks the chain of alias and pluries summonses.
How to answer: List every prior alias and pluries date in order. Use MM/DD/YYYY.
Example: 03/30/2026; 06/15/2026.
Nuance: An unbroken chain — every renewal within 90 days of the last — keeps the original filing date for statute-of-limitations purposes under Rule 4(e).
Common mistake and consequence: Skipping a date breaks the chain, and the case can be dismissed as time-barred.
Misconception: People think only the most recent date matters. All renewal dates matter.
Block 9: “To Each Of The Defendants Named Below” / Notice Language
A pre-printed notice tells the defendant they must answer within 30 days after service or face default judgment. It also lists the consequences.
How to answer: Read it; do not edit it. Verify it matches the printed AOC-CV-101 you downloaded.
Example: The text reads “You are notified to appear and answer the complaint…within 30 days after you have been served.”
Nuance: Out-of-state defendants served under Rule 4(j3) may have additional time to respond under certain treaty rules, but the form’s 30-day language is what governs personal service in North Carolina.
Common mistake and consequence: Pro se filers cross out the 30-day language to “give the defendant more time.” Altering the form voids the summons.
Misconception: People believe the deadline starts on the file date. It starts on the date of service on the defendant.
Block 10: “Name And Address Of Plaintiff’s Attorney (If None, Address Of Plaintiff)”
Tells the defendant where to mail the answer.
How to answer: Print attorney name, firm, full mailing address, telephone, and State Bar number. If pro se, print your own name, address, and phone.
Example: Carlos Rivera, pro se, 88 Linden Ave., Durham, NC 27701, (919) 555-0144.
Nuance: A wrong address here can mean you never receive the defendant’s answer and miss a default deadline of your own.
Common mistake and consequence: Filers list a work address that screens mail. Critical motions get lost; deadlines pass.
Misconception: People think they must list a lawyer. Pro se filers list themselves.
Block 11: “Date Issued” and Clerk Signature Block
The clerk completes this block. It includes the issue date, the clerk’s signature, the seal, and a checkbox for Deputy CSC, Assistant CSC, or Clerk of Superior Court.
How to answer: Leave blank. The Clerk of Superior Court signs and dates after reviewing the filing.
Example: Stamped Issued 02/10/2026, Margaret Henley, Assistant CSC, Wake County.
Nuance: A summons not signed and sealed by the clerk is not valid process under Rule 4(b).
Common mistake and consequence: Pro se filers sign here themselves. The summons is void; service is a nullity.
Misconception: People think any notary can issue a summons. Only the Clerk of Superior Court or a deputy/assistant clerk can.
Block 12: Return of Service (Reverse Side)
The back of AOC-CV-101 is the Return of Service, completed by the sheriff or process server, not by you.
How to answer: Leave blank. The serving officer fills in date, manner, and place of service, then signs and returns the form to the clerk.
Example: Personally delivered to defendant on 02/22/2026 at 1500 Capital Blvd., Raleigh, NC.
Nuance: If service is by certified mail under Rule 4(j)(1)c, the plaintiff files an Affidavit of Service (AOC-CV-100) with the green card attached.
Common mistake and consequence: Filers fill in the return themselves. Self-service by a party is invalid under Rule 4(h), and the case can be dismissed.
Misconception: People think they can hand the summons to the defendant themselves. A party to the case may not serve process.
Three Filled-Out Examples Using Real Scenarios
Scenario 1 — Maria Lopez, Unpaid Wages Contract Claim ($8,400)
Maria’s former employer never paid her last three paychecks. She sues in District Court in Wake County.
| Form Section | What Maria Enters |
|---|---|
| Division checkbox | District Court Division |
| County (top right) | WAKE |
| File No. | Leaves blank for the clerk |
| Plaintiff name and address | Maria Elena Lopez, 412 Holly Springs Rd., Apt. 3B, Raleigh, NC 27603 |
| Defendant name and address | Cleanline Janitorial Services, LLC, c/o Registered Agent: Brian K. Owens, 220 Glenwood Ave., Raleigh, NC 27603 |
| Date original summons issued | Blank (first summons) |
| Plaintiff’s attorney/address block | Maria Elena Lopez, pro se, 412 Holly Springs Rd., Apt. 3B, Raleigh, NC 27603, (919) 555-0103 |
| Date issued and Clerk signature | Blank — clerk completes |
| Return of Service (reverse) | Blank — sheriff completes |
Scenario 2 — Marcus Bell, Car Accident Personal Injury ($65,000)
Marcus was rear-ended on I-40 and sues the at-fault driver in Superior Court.
| Form Section | What Marcus Enters |
|---|---|
| Division checkbox | Superior Court Division |
| County (top right) | DURHAM |
| File No. | Blank |
| Plaintiff name and address | Marcus T. Bell, 1907 Chapel Hill Rd., Durham, NC 27707 |
| Defendant name and address | Jordan A. Pierce, 5520 Fayetteville Rd., Durham, NC 27713 |
| Plaintiff’s attorney block | Attorney Linda Park, NC Bar #34890, Park Injury Law PLLC, 300 W. Main St., Durham, NC 27701, (919) 555-0181 |
| Date original summons issued | Blank (first summons) |
| Date(s) subsequent summonses | Blank |
| Date issued / Clerk signature | Blank — clerk completes |
Scenario 3 — Janet Hughes, Landlord Sues Former Tenant for Unpaid Rent ($4,200)
Janet rented a duplex in Mecklenburg County and her tenant left owing rent.
| Form Section | What Janet Enters |
|---|---|
| Division checkbox | District Court Division |
| County (top right) | MECKLENBURG |
| File No. | Blank |
| Plaintiff name and address | Janet R. Hughes, 740 East Blvd., Charlotte, NC 28203 |
| Defendant name and address | Devon M. Carter, 1188 Beatties Ford Rd., Apt. 12, Charlotte, NC 28216 |
| Date original summons issued | Blank |
| Plaintiff’s attorney block | Janet R. Hughes, pro se, 740 East Blvd., Charlotte, NC 28203, (704) 555-0166 |
| Notice language | Pre-printed; not edited |
| Date issued / Clerk signature | Blank — clerk completes |
| Return of Service | Blank — Mecklenburg Sheriff completes |
How to File the Completed Form
You file AOC-CV-101 with the Clerk of Superior Court at the same time you file the complaint and the Civil Action Cover Sheet AOC-CV-751. Filing fees fund the courts and are set by N.C. Gen. Stat. § 7A-305.
In person (paper counties). Bring three copies of the summons and the complaint to the Clerk of Superior Court at the county courthouse. Filing fee is $150 in District Court or $200 in Superior Court, plus $30 per defendant for sheriff service under § 7A-311. Pay by cash, money order, or most major credit cards (a 2.4% surcharge applies on cards). Processing is same-day; you walk out with a file-stamped copy. Keep that stamped copy as your proof of filing.
By mail. Mail the original summons, complaint, cover sheet, and a check or money order made out to the Clerk of Superior Court of the filing county. Include a self-addressed stamped envelope so the clerk can return a file-stamped copy. Mail delivery adds 5–10 business days to processing.
Online (eCourts counties). Use the Odyssey File & Serve portal for any case in an eCourts county. Upload the complaint, cover sheet, and a draft summons. The portal accepts Visa, MasterCard, Discover, AmEx, and eCheck. Processing usually completes within 1–2 business days, and the system emails a file-stamped Notice of Electronic Filing as your proof.
By fax. Fax filing is not generally accepted for new civil actions; the clerk requires the original signed complaint.
What Happens After You File
Once the clerk issues the summons, the sheriff or a private process server must deliver it to each defendant within 60 days under Rule 4(c). The sheriff completes the Return of Service on the back and files it with the court. If service fails, the plaintiff can request an endorsement or an alias and pluries summons within 90 days to keep the case alive without losing the original filing date.
After a defendant is served, the 30-day answer clock starts. If the defendant ignores the suit, the plaintiff can move for entry of default under Rule 55(a) and later for default judgment. If the defendant files an answer, the case enters discovery, mediation under Rule 1A of the Mediated Settlement Conference Rules, and trial setting.
The clerk’s office also mails notice of any later orders to the address you wrote in Block 10, which is why an accurate plaintiff address matters for the whole life of the case.
Mistakes to Avoid When Filling Out the Form
- Naming the wrong legal entity. Using a trade name instead of the registered LLC name can void service.
- Using a P.O. Box for the defendant. The sheriff cannot personally serve a P.O. Box, and the summons returns unserved.
- Skipping the registered agent. Service on a random employee of an LLC is invalid under § 55D-30.
- Wrong division checkbox. Checking Superior Court for a $10,000 claim triggers a transfer motion and delays the case.
- Wrong county. Filing in your county instead of the defendant’s invites a venue change and added cost.
- Listing multiple defendants on one summons. Each defendant must have their own AOC-CV-101.
- Filing without a complaint. A summons cannot issue alone under Rule 3.
- Signing the clerk’s block yourself. The summons is void.
- Filling out the Return of Service yourself. Self-service by a party is invalid under Rule 4(h).
- Forgetting the alias/pluries within 90 days of dormancy. The chain breaks and the statute of limitations may bar the claim.
- Editing the pre-printed 30-day notice. Altering AOC-issued language voids the form.
- Outdated form revision. Clerks reject forms older than the current AOC revision.
Do’s and Don’ts
Do’s: – Do download the latest AOC-CV-101 from the official forms page every time you file, so you have the current revision. – Do confirm the defendant’s address and registered agent through the NC Secretary of State before you write the service block. – Do file one summons per defendant — each named party needs an individual AOC-CV-101. – Do calendar the 60-day service deadline and the 90-day alias window the same day you file. – Do keep your file-stamped copy in a safe place; you may need it to prove the filing date. – Do update your address with the clerk in writing if you move during the case.
Don’ts: – Don’t sign the clerk’s block; only the Clerk of Superior Court or a deputy can. – Don’t write your own file number; the clerk assigns it. – Don’t list a P.O. Box as the defendant’s address. – Don’t try to serve the defendant yourself; use the sheriff or an authorized process server. – Don’t cross out or edit the pre-printed 30-day notice. – Don’t forget to attach the complaint and the Civil Action Cover Sheet.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se: – Saves attorney fees, which can run $2,000–$10,000 for a contested civil case. – Keeps you in direct control of every filing decision. – Forces you to learn the Rules of Civil Procedure, which helps in future disputes. – Works well for small, simple money claims where facts are clear. – Many counties have Self-Help Centers that review your draft for free.
Cons of filing pro se: – One service mistake can dismiss your case and run the statute of limitations. – You will not get legal advice from the clerk; the clerk can only point to forms. – Discovery rules and motion practice are tough to learn under deadline pressure. – Judges hold pro se filers to the same standards as lawyers. – A pro se mistake at the summons stage can permanently bar a valid claim.
FAQs
Do I have to use the official AOC-CV-101, or can I draft my own summons?
No. Clerks accept only the current AOC-issued Civil Summons. A homemade summons is not valid process under Rule 4(b).
What if my defendant lives out of state?
Yes, you can still serve them. Use the same AOC-CV-101 and follow the out-of-state service methods in Rule 4(j3), usually certified mail with return receipt.
Do I write “Wake County” or just “Wake” in the County box?
No, do not add the word County. Write only the county name, in ALL CAPS, like WAKE or DURHAM.
Should I write a file number in the File No. box?
No. Leave the File No. blank. The Clerk of Superior Court assigns and stamps the number when the case is filed.
Can I list two defendants on one summons?
No. Each defendant requires a separate AOC-CV-101 so service can be tracked individually.
Do I sign the bottom of the summons myself?
No. Only the Clerk of Superior Court or a deputy or assistant clerk signs and seals the summons under Rule 4(b).
What if I check the wrong court division?
Yes, it matters. The defendant may file a motion to transfer under § 7A-258, which delays the case and may shift costs.
Can I serve the summons on the defendant myself?
No. A party cannot serve their own process. Use the sheriff or a person authorized under Rule 4(h).
How long do I have to serve the summons?
Yes, there is a deadline. The summons must be served within 60 days of issuance, or you must obtain an endorsement or alias and pluries within 90 days under Rule 4(d).
Do I need to file a Civil Action Cover Sheet too?
Yes. AOC-CV-751 must be filed at the same time as the summons and complaint.
Can I get the filing fee waived if I cannot afford it?
Yes. File Petition AOC-G-106 to Proceed as an Indigent and the clerk’s office will review and decide.
Does the answer deadline run from filing or from service?
No, not from filing. The 30-day answer deadline starts on the date the defendant is served, not the date the case is filed.
What if the defendant is a corporation — who do I name in the defendant block?
Yes, name the corporation itself, and add “c/o Registered Agent: [name]” with the agent’s address from the NC Secretary of State business search.
Can I refile if my summons expires?
Yes, but only by alias and pluries within 90 days of dormancy. If you wait too long, you must start a new action and may lose the original filing date for statute-of-limitations purposes.
Related reading
- How to Fill Out North Carolina Form AOC-CV-100 (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-CV-810 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CVM-204 + FAQs
- How to Fill Out North Carolina Form AOC-SP-600 (w/Examples) + FAQs