Special Proceedings Tel: (252) 504-4466.
The Special Proceedings Division of the Carteret County Clerk’s office is located on the first floor of the Old Courthouse (with the dome or cupola on top).
Their primary functions are as follows:
- Name Changes
- Guardianship Proceedings - Estates
- Incompetency Hearings
- Juvenile Abuse/ Neglect/ Delinquency & Dependency
- Motor Vehicle Liens
Adoptions. Adoption petition forms are available from The Department of Health and Human Services website. Adoptions can be extremely complex and demand high attention to detail. It is recommended you seek competent legal counsel to assist you.
Foreclosures. The following is information regarding the general process for conducting foreclosure sales and upset bids. This information is not intended as legal advice; as with any judicial proceeding, it is strongly recommended that you seek competent legal counsel to help you.
- A Notice of Sale assigns a date for the property to be sold at public auction.
- Auctions are conducted on the South porch, which faces Broad Street.
- Upon completion of any particular auction, a Report of Sale is filed
- A ten (10) day period is provided by law for the filing of upset bids.
- Cash, Cashier's Check, or Money Order payable to the Clerk of Superior Court for all payments.
- After a property is sold at public auction, but before the ten (10) day upset bid period elapses, any interested party may file an upset bid
- To file an upset bid, increments of $750.00 or at least 5% of the new bid (whichever is greater) must be deposited with the Clerk.
- Once an upset bid is filed, a new ten (10) day upset bid period begins. Once this upset bid period elapses and no new upset bids are filed, the Substitute Trustee will start closing procedures.
- If the highest bidder defaults on their bid, they may lose their deposit and a new sale process will begin.
Name Changes. Name changes may be filed in the Special Proceedings Division. Exception: a request for 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 her children have that husband's surname must be filed in Estates. For assistance in petitioning the court for a name change, you are encouraged to contact an attorney. The State of North Carolina does not provide any forms for this type of name change.
Incompetence Proceedings. The Petition for Adjudication of Incompetence forms can be found on the AOC Judicial Forms Search Page. (Form Nos. AOC-SP-200, AOC-SP208) A notarized doctor’s letter stating the doctor’s opinion of the Respondent’s competency is required. After the petition is filed, a Guardian ad litem (GAL) will be appointed to represent the alleged incompetent adult (Respondent).The Sheriff will serve a Notice of Hearing and Petition on the Respondent. A hearing date will be set approximately 30 days from filing of the petition. Filing fees are applicable.
Note: Pursuant to State law, information pertaining to adoptions, juvenile records, and judicial waivers are not subject to the public records law and are confidential.