Quote:
Originally Posted by maksl53
I read up on the requirements for serving process for civil summons, and for NC it is to deliver: personally, residence, registered or certified mail. I moved and filed a permanent change of address with the USPS prior to the filing, therefore, none of the requirements of service of process were met. Can I use this in my answer, and request this be dismissed? Thanks.
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You need to absorb the local Rules of Civil Procedure for your local court.
I cannot comment on NC RCP, if it were in my court, first I would file a Motion to Dismiss for Improper Service, set it for a hearing and go from there.
Without filing the MTD first you lose the right to file it later. Your court may differ from mine.
If I was up against time, I would first file the MTD, then incorporate it as an Affirmative Defense in my Answer.
The single most impotant thing you can do is READ YOUR RULES!