Legal Question in Civil Litigation in North Carolina
1 A civil summons was served at my job for me 60 days after date on papers. I was not there to sign but they left them anyway. Should it not have been returned? dated 7/7/09 delivered to my Job on 9/9/09,
2. The information was in regards to a security deposit I did not return due to breech of rental agreement 10 years ago. What is the time frame on pursuing me for this money?
3. I do not live in the county that papers came from.
4. Plaintiff states there is a lien against property that I have not lived at in over 7 years.
1 Answer from Attorneys
You may of course want to consult with an attorney and provide him or her with more facts on this issue.
1. The summons probably expired, and was no longer valid. Second, service is generally not appropriate at one's place of employment.
2. If the claim is one for breach of contract, then the statute of limitations is 3 years. It depends in part on how they have described their claim. 10 years is probably too late.
3. That is not highly germane. If it's in small claims court, then it's improper. Otherwise, the county is proper as long as the plaintiff resides there.
4. This question is not clear. E.g., what typ of lien is this? There are mechanic's liens, that have fairly tight deadlines for perfecting them. Further, they can only be against property you own; regardless of whether you live there.
You again probably need to consult with an attorney in your area with more facts (and documents). If you have been sued, then you need to act swiftly to protect your rights.
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