Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Can a case be challenged for irregularities if the initial…

Can a case be challenged...
Can a case be challenged for irregularities if the initial summons has in existent address in a wrong county, because of this served 18 days before the expiration of the judgment with a modified address in the defendant county?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 18 minutes by:
3/24/2018
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 128
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
The short answer to this question is yes. A lawsuit can’t be challenged in a motion to dismiss when the complaint does not allege the proper location of the defendant, when the case is filed in the wrong county, when the lawsuit has been improperly served usually within 120 days of filing the complaint. If anyone is trying to state that a default judgment has been entered because of the parties failure to respond, these reasons Also can be used to defeat a motion for default judgment.
Ask Your Own Employment Law Question
A lawsuit CAN be challenged
Ask Your Own Employment Law Question
Basically if any irregularities unfairly give another side an advantage, then you can challenge the irregularities.I believe that this answers your question regarding this matter?If I have provided you adequate guidance on the subject, please reward me with a positive rating of five stars so that I may get credit for the session. Thanks!
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 128
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
Pheobe Clark and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 28 days ago
Can a defendant challenge the irregularities of a lawsuit ( summon irregularities) by filing a new complaint? If so, do you need to file a complaint and summon to serve ?
This is uncommon. A defendant’s goal is to have the complaint dismissed. The defendant doesn’t want to file a new lawsuit. The defendant wants to prepare an answer to the complaint and also file a motion to dismiss the complaint due to irregularities.
Ask Your Own Employment Law Question
That’s the only way to challenge the current lawsuit. Now if you want to also sue the plaintiffs for something relating to the allegations in plaintiffs complaint, you can file an answer to the complaint and counter claim.
Ask Your Own Employment Law Question
Customer reply replied 27 days ago
The state is NC. Suppose that the judgment is dated May, 2017 and the complaint back in 2016, can the plaintiff still able to prepare an answer to the complaints and counterclaims at this time ? Are both actions ( answer to complaint and counterclaim ) at once?
this is a different scenario. If a complaint has been filed and there is already an actual JUDGMENT against you, then the lawsuit has ended & case closed. The ways to challenge a judgment are to appeal to a court of appeals stating that the lower court didn’t follow procedures for proper service. The other option is to file a motion to set aside the judgment (Rule 60 of civil procedure).
Ask Your Own Employment Law Question
For example, in the recently decided case of Sharyn's Jewelers, LLC v IPayment, Inc., et al., 674 S.E. 2d 732 (April 2009), the North Carolina Court of Appeals found "extraordinary circumstances" to justify allowing one of the Defendants to have its Rule 60 motion considered even though the motion had not been filed until 17 months after the judgment had been entered. The circumstances were that the appealing defendant (Vericomm) had not received notice of the judgment against it for 17 months, and that the judgment awarded relief to the Plaintiff that exceeded what was sought in the Plaintiff's complaint. Specifically, the trial court had erroneously entered judgments against Vericomm on causes of action that had been pled only against the other defendants, but not Vericomm. As such, the judgment was "irregular" and could therefore be vacated in part, to the extent of the irregularities.
Ask Your Own Employment Law Question
if you have a judgment against you already, you would NOT file an Answer & Counterclaim to the Complaint. You would file an appeal of the judgment to the court of appeals OR you would make a motion to set aside the judgment due to improper service of the complaint & improper or untimely notice of the proceedings.
Ask Your Own Employment Law Question
If I have provided you adequate guidance on this subject please reward me with a positive rating of five stars so that I can receive credit for this session
Ask Your Own Employment Law Question
Thanks!!
Ask Your Own Employment Law Question
Customer reply replied 25 days ago
The defendant tried to dismiss because he hasn’t been served but the plaintiff used an old summon from a wrong county to prove that the service was proper.
Ok. So if the judgment has been issued, one should file a motion to set aside the judgment for the reason you just gave: improper service because the plaintiff used an old summon from a wrong county to prove that the service was proper.
Ask Your Own Employment Law Question
Customer reply replied 25 days ago
You have been so helpful. Are you in NC? How can I have your service for advice?
Customer reply replied 25 days ago
I filed a motion under rule 60 lately thinking that the filing date was dec 16, 2016 which date is on the system when I called the clerk office and has been denied because the plaintiff said the real date is May 2016 ( date where he filed in the wrong county ).
I am not located in NC. But the NC Bar Association should have a lawyer referral service which would be able to refer you to a local attorney licensed in your state who does appellate work. This attorney should be able to handle both appeals and motions to to set aside judgment.
Ask Your Own Employment Law Question
Customer reply replied 25 days ago
This is a renewal civil judgment ( old credit card ). Is there any other motion besides rule 60 ?
Customer reply replied 25 days ago
Also my appeal deadline just passed( received the entry order 15 days before deadline).
In my past motion I didn’t mention this summon from the wrong county because I didn’t think that had used it to start his renewal.
I have 1 month left in order to file for violations ( a lawyer wouldn’t have enough time ). Is it possible to challenge this renewal summary judgment because there were irregularities in the filing since the beginning starting with a summon originated from a wrong county? I am a minority at disadvantage, I will do it myself since there are few days left ( summary judgment date was April, 2017).
There are 30 days to appeal a judgment, but a motion to set aside a judgment (even a renewal judgment) does NOT typically have a deadline. If there is a deadline, the basis for filing out of time would be that your newly discovered evidence of the filing in the wrong county.
Ask Your Own Employment Law Question
No there is no other option other than a motion to set aside or an appeal. These are the only “post judgment” options available.
Ask Your Own Employment Law Question
If I have provided you adequate assistance on this matter, please reward me with a positive rating of 5 stars so that I can get credit for this session! Thanks!!
Ask Your Own Employment Law Question
Customer reply replied 25 days ago
My deadline to appeal a Motion Order dismissal for a civil judgment under rule 60 has passed ( was 30 days to appeal ).
I found out that there are irregularities in the original filing of the complaint ( wrong county, non existent address, address mismatch in affidavit , and plaintiff reported on the complaint didn’t prove that he had right over the case).
These irregularities are new evidences that Were not raised yet. I understand now that since this is a post judgment the only options are an appeal or motion to set aside.
I already tried to move for dismissal under rule 60 but been denied just because the date I considered as filing date of the case is different from what he claimed is in fact the date. I came out to understand what he did and how he managed to get a summary judgment after the judgment expiration.
I thought the case started fresh from my county and the clerk gave me a filing date which is in fact a filing date on motion which I didn’t know and I built my case on it.
The plaintiff claims considered the complaint filing date in the wrong county which in fact is and now I can understand clearly the path he took in order to avoid the SOL( of course by asking expert like you ). I understand now that for him, doing a motion to dismiss without prejudice won’t be good so he proceeded without regards ***** ***** a change of venue despite my request before him to move for dismissal with prejudice.
Now, I would like to be advised on the 2 options left.
Is it possible, based on new discoveries to file a motion under rule 60 ( d) in order to set aside the judgment ?
Appealing the judgment could be better but harder to represent myself based on the rules of appealing.
You may file a motion to set aside judgment based on new evidence. This would be the best way to have the case reconsidered and reopened.
Ask Your Own Employment Law Question
Appealling would not be a good idea as this requires that a judge committed an error. Not there was newly discovered evidence.
Ask Your Own Employment Law Question
I believed I have advised you on the 2 options. If I have provided adequate guidance on this subject, please reward me with a positive rating of 5 stars so that I may get credit for this session and close it out.
Ask Your Own Employment Law Question
Customer reply replied 24 days ago
Thanks.
No problem. And good luck to you on getting the case reopened based on the newly obtained evidence.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Pheobe Clark Your Own Question
Pheobe Clark
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 128
128 Satisfied Customers
Experience: Attorney at Pheobe A Clark Attorney at Law

Pheobe Clark is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a question regarding employment rights. Its at will.
Hello, i have a question regarding employment rights … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,174 satisfied customers
I own a small assisted living facility in montana. I have an
I own a small assisted living facility in montana. I have an issue with two employees telling my new employee which days she must pick to work in May (i usually do self scheduling). They are essential… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I am a manager. I had a confrontation with another store
I am a manager. I had a confrontation with another store manager that I was put to comanage and then take over when she went on maternity leave I was sent home after the confrontation because she woul… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the cost of this service? My husband accrued PTO and
Thank you. My husband accrued PTO and hit the ceiling with the amount he could accrue. He found out yesterday that he was demoted, but has not signed the paperwork accepting it yet. He put in for the PTO prior to signing the new contact. My question: Will he receive his PTO at the rate in which he accrued it or will it be at the demotion rate? … read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
I have been suspended without pay for one week. The Director
I have been suspended without pay for one week. The Director approved the receipt I created for him due to him not having one which is what is required by the accounting when turning in a Travel and Entertainment form. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
I gave a two weeks notice before quitting my job. Because of
I gave a two weeks notice before quitting my job. Because of discrimination. What is law of discrimination in the workplace? … read more
Eric Yepez
Eric Yepez
Law/J.D.
20 satisfied customers
3 nurses at work wrote wrongful statements about me on the
3 nurses at work wrote wrongful statements about me on the hospital union Facebook site. This is the second time. I am the senior director and they are nurses in my department.Can I do anything about … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am being accused of expense fraud in my company and they
I am being accused of expense fraud in my company and they want me to discuss it with their attorney. I need some advice … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
I currently am a high school teacher and was wondering if a
I currently am a high school teacher and was wondering if a student has openly talked about needing to improve in my classroom. Am I still violating ferpa by discussing with a student who has heard th… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,229 satisfied customers
I'm wondering I worked for a company called Bluesky for 4
Hi I'm wondering I worked for a company called Bluesky for 4 years in January that terminated my employment and give me a letter saying terminated with no cause. I received my roe and it stated shorta… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I worked for a railroad that is federal for seven years I
I worked for a railroad that is federal for seven years I was terminated yesterday I want to know will I be able to get unemployment … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am a Federal contractor and have an employee on a Federeal
I am a Federal contractor and have an employee on a Federeal Contract in TX that was deomoted from Assistant Manger due to the fact that she coud ot committee to the hours due to a family committment.… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
My doctor took me out on medical leave and the day I had the
My doctor took me out on medical leave and the day I had the note sent to my office our head of HR sent out the following email to every single staff member -From: Susan Mansolillo Sent: Monday, April… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
I have a boss man that constantly harass me every day no
I have a boss man that constantly harass me every day no matter what I do what can I do so I don't have to go to bed from a stress headache every night. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
How do I have to keep my clock in clock out report for my
How long do I have to keep my clock in clock out report for my restaurant in ny state and I use a payroll company … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I am employed by Schletter, Inc. in Shelby, NC. On 3/30/2018
I am employed by Schletter, Inc. in Shelby, NC. On 3/30/2018 we were notified by message that operations were suspended until further notice. The following week, we received a message that we should k… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
Can my employer force me to promote their products/services
Can my employer force me to promote their products/services on my personal LinkedIn page ? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
How do I file a wrongful termination suit against my former
How do I file a wrongful termination suit against my former employer. During my employment I filed to complaints with the MCAD. As well as reported the sexual, verbal, skin color suit. I even reported… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x