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I was served a civil summons from an something that happened…

Customer Question
I was served a...

I was served a civil summons from an something that happened 10 years ago in a state I no longer live in. Not sure what to do...

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Florida. The summons is from North Carolina

Lawyer's Assistant: Has anything been filed or reported?

I was served papers via Certified mail. I have not responded in any way yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It has to do with the signing of a deed of trust

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/7/2017
Lawyer: INFOLAWYER, Attorney replied 11 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,696
Experience: Licensed attorney helping individuals and businesses
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Hello and welcome. I am working on your answer and will be right back!

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Lawyer: INFOLAWYER, Attorney replied 11 months ago

You would need to respond to the summons wither with an answer or a motion to dismiss.

Where the claim dates back 10 years, you can raise a statute of limitations defense to have it dismissed.

You may do so or have a lawyer retained to either file the motion or file an answer on that basis.

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Lawyer: INFOLAWYER, Attorney replied 11 months ago
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 11 months ago
I can file a motion to dismiss myself?
Customer reply replied 11 months ago
How do I know if the statute of limitations has expired and/or is relevant to this summons?
Lawyer: INFOLAWYER, Attorney replied 11 months ago

You or a lawyer can file. 10 years after the fact that defense is normally available to you!

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Lawyer: INFOLAWYER, Attorney replied 11 months ago

Good luck!!

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Lawyer: INFOLAWYER, Attorney replied 11 months ago
Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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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.

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