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In NC, to be properly served how many days within filing the…

In NC, to be properly...
In NC, to be properly served how many days within filing the complaint?
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Answered in 1 minute by:
3/25/2018
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,825
Experience: 30 years experience in general legal matters.
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Service of the summons under North Carolina Rule of Civil Procedure 4(j) and (j1) must be made within 60 days after the summons is issued. Rule 4(c). If service is not made by the time the 60 days passes, the action is still alive, but the summons itself is “dormant” and cannot be validly served until it is revived by an extension. Id.; Dozier v. Crandall, 105 N.C. App. 74, 75−6 (1992). The summons may be extended either by an endorsement or, more commonly, by issuance of alias or pluries summons. Rule 4(d). The deadline to extend the summons is 90 days after issuance of the summons. If a summons has already been extended by either method, it may be extended again and again, and the deadline each time is 90 days after the most recent extension. Id.

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Customer reply replied 3 months ago
If there is a complaint filing on May 24, 2016, defendant is served on July, 26 2016 ( 18 days before expiration of August 18, 2016). Is this improperly served since the defendant didn’t grt the 30 days in order to response and judgment expired?

Thank you for following up.

If the summons was not served within 60 days then it is dormant without any extension.

It can not be validly served once it is dormant unless revived.

7/26 is more than 60 days. If it was not extended then the service is flawed.

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Customer reply replied 3 months ago
What if a new one issued under the same county and the original complaint filing has non existent address ( that is the complaint and new summon didn’t match in proper address, both have different address)?

You mean the address where the party is to be served is different between the complaint and second summons? The address for service does not have to match.

That is not illegal.

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Customer reply replied 3 months ago
What about the county, can it be different?

You can be served in a different county. That does not, automatically, confer personal jurisdiction, and the service may be quashed, if so flawed.

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Customer reply replied 3 months ago
What if the plaintiff filed for Change of Venue after after the judgment expired and the defendant being served late didn’t have the 30 days to respond before judgment expired. Is it legal?

That would be grounds to challenge the motion or entry of a change in response to the motion.

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Customer reply replied 3 months ago
Can a defendant challenged a change of venue motion if the judgment for it already ordered?
It would need to be appealed. You may be able to file a motion to reconsider if it was improperly served or some other procedural rule was violated.
Loren
Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 38,825
Experience: 30 years experience in general legal matters.
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Loren and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 3 months ago
Can such motion be filed under improper change of Venue?
It would be filed under a motion to reconsider change of venue.
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Customer reply replied 3 months ago
When the time allowed to file for judgment violations is about to expire, can a defendant catch-up by filing more than one motion at different hearing calendar when one depends on the winning of the other?
In and of itself, it would not be illegal.
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Customer reply replied 3 months ago
Only one at a time on the case must be filed. Can it include all the violations at once?
If they breach procedure then you can raise that as grounds to deny the motion.
Please remember site rules require you open a new thread to ask a new question. Thank you for understanding.
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