Service of Process

Jan 7, 2025

Equitable distribution order remanded for necessary party

While the service of process to a husband in an equitable distribution case was proper, the trial court‘s order was null and void due to the absence of a necessary […]

Sep 6, 2022

COA: Failure of service ends case

A trial court properly concluded that it did not have personal jurisdiction over a defendant that was never properly served with service of process, a unanimous panel of the North […]

Jan 24, 2019

Faulty service means no full faith for Pa. judgment

An Archdale restaurant owner wasn’t properly served with notice of a lawsuit in a Pennsylvania court, and so a default judgment rendered against him has been ruled invalid by […]

Oct 11, 2018

Civil Practice – Subject Matter Jurisdiction – Service of Process – Delivery Receipt – Alias & Pluries Summonses – Domestic Relations

Because plaintiff did not attach the required delivery receipt to the affidavit of service, Plaintiff failed to properly serve Defendant in her Mecklenburg County action. Consequently, the Mecklenburg County District […]

Jun 26, 2018

Civil Practice – Service of Process – Former Address – Wife’s Signature

Even though, at the address on defendant’s active driver’s license, defendant’s wife signed for the Federal Express delivery of plaintiff’s complaint and summons, since affidavits from defendant and his wife […]

Oct 3, 2017

Civil Practice — Service of Process – Due Diligence – Prior to Suit – Taxation – Real Property – Foreclosure

Watauga County v. Beal (Lawyers Weekly No. 011-312-17, 12 pp.) (Wanda Bryant, J.) Appealed from Watauga County District Court (Hal Harrison, J.) N.C. App. Holding: The plaintiff-county knew, from […]

Aug 24, 2016

Civil Practice – Service of Process – Administrative – State Agency – Individual Employee

Bullock v. North Carolina Department of Health & Human Services (Lawyers Weekly No. 012-164-16, 11 pp.) (Douglas McCullough, J.) Appealed from Granville County Superior Court (Kendra Hill, J.) N.C. App. […]

Apr 28, 2016

Attorneys – Rule 11 Sanctions – Entry of Default – Represented Defendant – General Appearance – Service of Process

Yammy’s Sauces, Inc. v. Packo Bottling, Inc. (Lawyers Weekly No. 012-088-16, 11 pp.) (Robert Hunter Jr., J.) Appealed from Pitt County Superior Court (Alma Hinton, J.) N.C. App. Unpub. Holding: […]

Apr 27, 2016

Company’s ‘screw-ups’ no defense for late notice to insurer, 4th Circuit rules

A bank that found itself hit with a $98.5 million default judgment after the summons for a lawsuit lay unread for months on a departed employee’s desk will not be […]

Feb 23, 2016

Civil Practice – Service of Process – Alias & Pluries Summons – Relation Back – Statute of Limitations

Hall v. Greene (Lawyers Weekly No. 012-039-16, 7 pp.) (Chris Dillon, J.) Appealed from Durham County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Unpub. Holding: Plaintiffs’ alias and […]

Jul 21, 2015

Civil Practice — Default Judgment – Service of Process – Corporate – Secretary of State – Registered Office

Builders Mutual Insurance Co. v. Doug Besaw Enterprises (Lawyers Weekly No. 15-07-0721, 11 pp.) (Wanda Bryant, J.) Appealed from Wake County District Court (Debra Sasser, J.) N.C. App. Holding: In […]

Mar 16, 2015

Civil Practice — Service of Process – International – Evasive Italian – LLC Member – First Impression

Soft Line, S.p.A. v. Italian Homes, LLC (Lawyers Weekly No. 15-15-0231, 6 pp.) (James Gale, C.J.) 2015 NCBC 24 Holding: Although the court is mindful of the due process considerations […]