Legal Question in Civil Litigation in North Carolina

lawsuit
I am a legal resident of Virginia. I have filed a lawsuit against a British citizen who resides in Brussels BUT the statute of limitations in Virginia had run its course. The actual crime took place in the state of North Carolina where the individual maintains property (a second home) and in fact uses that home as an additional mailing address. Can I refile due to the fact that the statute of limitations is three years in North Carolina? It does get tricky...when the lawsuit was filed...he transferred the ownership of the property to his wife.

Asked on 3/01/07, 1:52 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: lawsuit

Yes, I see no reason why you couldn't take a nonsuit or outright dismissal on your Virginia case and refile it in N. Carolina. However, whether you could effect proper service upon the individual defendant would appear problematical if he actually resides in Brussels and has no property in his name in N. Carolina. You may have to effect proper service on him in Belgium via the Hague Convention.

Then, of course, there's always the consideration of how you would ever enforce a judgment for damages against this type of individual if you were lucky enough to obtain such from a North Carolina court.

Answered on 3/01/07, 11:06 pm

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