State Court Collections - North Carolina


In This Alert:

Statute of Limitation; Bringing Suit in the General Courts of Justice; Enforcement of Judgments; Supplemental Proceedings; Claim and Delivery (for recovery of personal property subject to secured/ leased interest; Attachment; Garnishment; and, Uniform Enforcement of Foreign Judgments Act.

Statute of Limitation: N.C.G.S. § 1-52. Three years.

Upon a contract, obligation or liability arising out of a contract, express or implied.

Fraud – cause of action shall not be deemed to have accrued until discovery by aggrieved party.

Bringing Suit in the General Courts of Justice: The North Carolina Rules of Civil Procedure – (Chapter 1A of the General Statutes of North Carolina)

Rule 4 of the North Carolina Rules of Civil Procedure. Process.

Rule 5. Service and filing of pleadings and other papers.

Rule 12. Defenses and objections (includes Motion for judgment on the pleadings).

Rule 13. Counterclaim and crossclaim.

Please see full alert for more information and links.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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