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Tag: abuse of process
  • When Service of Process Becomes Abuse

    Service of process is fundamental to our system of civil justice. Every party to a civil action or special proceeding in North Carolina is entitled to notice of the action and an opportunity to be heard before an impartial judicial official.

    Here’s a basic question: how does a person, a corporation, or a governmental body know whether they are being sued, and if so, how long they have to respond to the lawsuit? Receiving a demand letter written by a lawyer is not enough; lawyers send scary letters without filing lawsuits all the time. Neither is it enough to receive a signed complaint. A signed complaint does not necessarily bring a claim before the court. Even receiving a complaint bearing the file-stamp of the clerk of superior court does not inform a party how long they have to answer.

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