Short Answer

In North Carolina partition cases, you typically have 10 days from service of the Special Proceedings Summons to file a written answer. To delay that deadline, ask the petitioner to consent to an extension and file a joint request, or file your own motion to enlarge time with the Clerk of Superior Court before the 10 days runs. If time already expired, you may still seek an extension for “excusable neglect,” and you can also request court-ordered mediation to support a brief stay while you pursue settlement.

Understanding the Problem

You were personally served by the sheriff with a partition action that seeks either a sale of the home or a buy-out. You want more time to respond so you can gather records for credits (down payment, mortgage, taxes, insurance, upkeep) and explore mediation to avoid a forced sale. The question is: in North Carolina, how can you lawfully extend or delay the deadline to answer a partition petition filed before the Clerk of Superior Court?

Apply the Law

In North Carolina, partition is a special proceeding filed with the Clerk of Superior Court in the county where the land lies. A respondent who is served with a Special Proceedings Summons generally has 10 days after service to file a written answer. The Rules of Civil Procedure apply to special proceedings unless a specific statute says otherwise, so you can ask the clerk to enlarge the time to answer for good cause if requested before the deadline, or for excusable neglect if requested after it. The clerk may also order mediation in matters within the clerk’s jurisdiction, and scheduling orders can be adjusted to accommodate mediation.

Key Requirements

• Identify your deadline: In a special proceeding, the answer is due 10 days after service unless otherwise ordered.
• File a timely motion to enlarge: Before the deadline, request extra time for good cause (e.g., gathering records, exploring settlement).
• Excusable neglect if late: If the deadline has passed, explain why the delay was reasonable under the circumstances and ask for an extension.
• Seek a consent extension: Ask the petitioner to consent and submit a joint consent order or stipulation to extend.
• Request mediation/stay: Move for mediation before the clerk and ask to set or extend answer and scheduling dates to support settlement efforts.
• Check service and the summons form: If service was improper or a Civil Summons/complaint (not a Special Proceedings Summons) was used, different timing and defenses may apply.

What the Statutes Say

• North Carolina Gen. Stat. § 1-394 (Special Proceedings Summons) – Respondent generally has 10 days after service to answer a special proceeding.
• North Carolina Gen. Stat. § 1A-1, Rule 6 (Time; enlargements) – Court may extend deadlines for good cause (before) or excusable neglect (after).
• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Clerk may order mediation and manage scheduling in matters within the clerk’s jurisdiction.

Analysis

Apply the Rule to the Facts: You were served by the sheriff, so your answer is likely due 10 days after service because partition is a special proceeding. To gain time to document your down payment, mortgage, taxes, insurance, and maintenance credits and to explore a buy-out, promptly file a motion to enlarge time before the 10th day citing good cause and, if possible, submit a consent extension. At the same time, request mediation and ask the clerk to align the answer date and any hearings with the mediation schedule.

Process & Timing

1. Who files: Respondent co-owner. Where: Clerk of Superior Court in the county where the property is located in North Carolina. What: Motion to Enlarge Time to Answer (Rule 6) and, if appropriate, a Consent Order for Extension and a Motion for Order to Mediate (AOC-G-300). When: File before the 10-day answer deadline if possible; if late, include an excusable neglect showing.
2. The clerk reviews and may enter an order extending the answer deadline; if mediation is ordered, the clerk sets a mediator and adjusts scheduling. Timeframes vary by county and docket load.
3. File your Answer by the extended deadline. In the Answer, preserve claims for credits (down payment, mortgage, taxes, insurance, necessary improvements) and request appropriate accounting and allocation in the partition process.

Exceptions & Pitfalls

• If you received a Civil Summons with a complaint (not a Special Proceedings Summons), a different response period may apply; confirm the form used.
• Do not wait: after the deadline, you must show excusable neglect to get more time; that is a higher bar.
• If service was improper, raise it promptly; appearing without objection can waive service defenses.
• Servicemembers may qualify for additional protections and stays; raise this early if applicable.
• An unanswered petition can lead to hearings moving forward; there is no automatic default “win,” but you risk losing input on scheduling and case framing.

Talk to a Partition Action Attorney

If you’re facing a partition filing and need time to respond while pursuing a buy-out or mediation, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.