Special Proceedings (such as adoptions; foreclosures;
incompetency and guardianship
proceedings; name changes; partitions of property
and legitimations) are filed on the 1st floor of the
Moore County Courthouse. The filing fee for all
Special Proceedings is $50.00, except foreclosures which are $60.00. There will be an additional $3.00 copy charge for name changes.
Some Special Proceedings have forms available
– others do not. We have forms available for
adoption; incompetency and guardianship; and
name changes. All other Special Proceedings must be
drafted by you or your attorney.
Juvenile
Information
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All juvenile court records are confidential.
Name Changes
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There are several legal means of having your name changed: names may
be changed by an
Adoption Decree; through an application by a widow or divorced woman
for the resumption of a
maiden name, name of a prior deceased husband, or prior divorced husband
if children have that
husband’s surname. Additionally, a petition may be filed as a Special
Proceeding before the Clerk of
Superior Court for any other name change. The filing fee for the latter
name change is $50.00, plus
an additional $3.00 charge for copies.
Resumptions of Prior Name are not filed as Special Proceedings – these
are filed in the
Civil Division of our office. To resume a prior name, you will need
to fill
out the application forms and bring a certified copy of the divorce
or death certificate.
Changing your name:
If you are not resuming a prior name but would still like your name
changed or the name of your
child changed, you must complete the Name Change forms which are located
in the Special
Proceedings Division of our office, located on the 1st floor of the
Moore County Courthouse.
Before the Clerk of Superior Court may approve your name change, you
must have posted notice at
the courthouse of your intent to change your name for at least 10 days
and prove that you have
a good and sufficient reason for the name change. You must also have
at least two citizens of the
county who know you to file an affidavit giving proof of your good
character. When you come to our
office to pick up the name change forms, there will be a more detailed
instruction sheet to explain this
process.
Emancipation
of Minors
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A minor who is 16 years of age or older may pick up a Petition for Emancipation
in the Juvenile Division of our office, located on the basement floor of
the Moore
County Courthouse. The minor’s parent cannot complete the Petition
for Emancipation for the minor
– the minor must complete and file the Petition on his/her own.
Foreclosures
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Information contained herein is not intended as legal advice. The
Clerk of Superior Court and staff
are specifically prohibited by law from giving legal advice.
A foreclosure is a judicial proceeding,
therefore, you should contact an attorney for specific advice.
Process:
A Notice of Hearing is issued. The Order of Sale assigns a date for
the property to be sold at public auction. Auctions are conducted on the
1st floor of the courthouse in front of the stairs. Notices of Sale are posted on the bulletin
board on the first floor of the Moore County Court facility building. After
a property is sold a Report of Sale is filed with the Clerk of Court by
the trustee. The law provides a ten day period for an upset bid to be filed.
After ten days passes without an upset bid, a final report of sale is filed
with the Clerk of Court.
Upset
bids:
Any interested party may come to the 1st floor of the Moore County
court facility, Special Proceedings Division, to file an upset bid.
The bid must be raised by at least 5%. 5% of the new bid must be deposited
with the Clerk of Superior Court. (5% or $750 whichever is greater). The
deposit will be required in the form of certified check, money order
or cash. A new ten day upset bid period begins. When no further upset
bids are filed in the ten day period the property will then be considered
legally sold to the highest bidding party. If the highest bidding
party defaults on the bid, they may lose some or all of their deposit and
a new sale will begin.
Adoptions
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Adoptions are Special Proceedings filed before the Clerk of Superior
Court. The adoption
petition forms are available in the Special Proceedings Division of
our office, located on the 1st
floor of the Moore County Courthouse. The filing fee for an adoption
is $40.00. Although our staff will assist you with procedural questions,
we are specifically prohibited by law from giving you legal advice. It
is
recommended that you seek legal counsel.
Incompetency
and Guardianship Proceedings
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