What happens if a defendant fails to answer a North Carolina complaint?

• A. The case is dismissed.
• B. A default judgment may be entered against the defendant.
• C. The plaintiff loses the case automatically.
• D. The court will appoint a guardian ad litem.

Answer: (B)

When a defendant does not file an answer within the time allowed, the case enters a default posture. The defendant’s failure to plead is treated as no contest to the plaintiff’s allegations, and the remedies under North Carolina rules allow the plaintiff to seek a default judgment. The court clerk can enter a default if the defendant hasn’t pleaded, and the plaintiff may obtain a default judgment for the relief requested in the complaint. If the claim is for a sum certain or easily calculable damages, the default judgment may be entered without a trial; otherwise, a hearing may be needed to prove damages. This situation does not mean the case is automatically dismissed, it does not cause the plaintiff to automatically lose, and it does not involve appointing a guardian ad litem.