State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-75_11

§1‑75.11.  Judgment against nonappearing defendant, proof of jurisdiction.

Where a defendant fails toappear in the action within apt time the court shall, before entering ajudgment against such defendant, require proof of service of the summons in themanner required by G.S. 1‑75.10 and, in addition, shall require furtherproof as follows:

(1)        Where PersonalJurisdiction Is Claimed Over the Defendant. – Where a personal claim is madeagainst the defendant, the court shall require proof by affidavit or otherevidence, to be made and filed, of the existence of any fact not shown byverified complaint which is needed to establish grounds for personaljurisdiction over the defendant. The court may require such additional proof asthe interests of justice require.

(2)        Where JurisdictionIs in Rem or Quasi in Rem. – Where no personal claim is made against thedefendant, the court shall require such proofs, by affidavit or otherwise, asare necessary to show that the court's jurisdiction has been invoked over thestatus, property or thing which is the subject of the action. The court mayrequire such additional  proof as the interests of justice require. (1967,c. 954, s. 2.)