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Car Rental Company Civil Lawsuit

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WorryGirl

Junior Member
What is the name of your state (only U.S. law)?

North Carolina

Hi I need some advice, thank you in advance for your time. I rented a car from a well known rental company over 3 years ago. My friend was driving and we had an accident which totaled the car. Now 3 years later a Sheriff is trying to serve me papers and I have not been around to accept them. I am fully liable for the damage to the car. My question is it better to not accept the civil papers and let the case default? I mean will it help me any by the courts believing I knew nothing of the case? Also, in NC don't they have to file a suit within 3 years? Thanks for your advice.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?

North Carolina

Hi I need some advice, thank you in advance for your time. I rented a car from a well known rental company over 3 years ago. My friend was driving and we had an accident which totaled the car. Now 3 years later a Sheriff is trying to serve me papers and I have not been around to accept them. I am fully liable for the damage to the car. My question is it better to not accept the civil papers and let the case default? I mean will it help me any by the courts believing I knew nothing of the case? Also, in NC don't they have to file a suit within 3 years? Thanks for your advice.
You want to dodge service? Hate to tell you but quite frankly that won't work in your favor. They can serve you in other ways if you don't accept personal service. If your friend was driving, how are you fully liable for the damage?
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?

North Carolina

Hi I need some advice, thank you in advance for your time. I rented a car from a well known rental company over 3 years ago. My friend was driving and we had an accident which totaled the car. Now 3 years later a Sheriff is trying to serve me papers and I have not been around to accept them. I am fully liable for the damage to the car. My question is it better to not accept the civil papers and let the case default? I mean will it help me any by the courts believing I knew nothing of the case? Also, in NC don't they have to file a suit within 3 years? Thanks for your advice.
According to your last thread, it was NOT over three years ago. It was less than three years ago. You didn't have insurance. And you didn't do the right thing. Please don't alter your story now.
 

WorryGirl

Junior Member
Well the post was made much later when the actually made the threat to sue. The accident was in early Feb. 2012. So another question is, if I choose to accept the papers, would the lawsuit against me be dropped if it has been over 3 years?
 

Zigner

Senior Member, Non-Attorney
Well the post was made much later when the actually made the threat to sue. The accident was in early Feb. 2012. So another question is, if I choose to accept the papers, would the lawsuit against me be dropped if it has been over 3 years?
I imagine they filed the suit just under the wire. You can, of course, head to the court house and review the file. In any case, the statue of limitations is an affirmative defense. That means that it won't just automatically be considered by the court. Rather, you have to make the argument in front of the court. If the case goes to default, you won't have a chance to argue it.

Remember, burying your head in the sand is never a good idea.
 

PaulMass

Member
You should consult with an attorney.

I've seen cases dismissed (without prejudice) when service was not completed within the allotted time. If, in fact, the plaintiff waited until the last minute to file, refiling after a dismissal may put them outside the statute of limitations.
 

Just Blue

Senior Member
You should consult with an attorney.

I've seen cases dismissed (without prejudice) when service was not completed within the allotted time. If, in fact, the plaintiff waited until the last minute to file, refiling after a dismissal may put them outside the statute of limitations.
Interesting. Could you post some case law in the OP state regarding this?
 
I imagine they filed the suit just under the wire. You can, of course, head to the court house and review the file. In any case, the statue of limitations is an affirmative defense. That means that it won't just automatically be considered by the court. Rather, you have to make the argument in front of the court. If the case goes to default, you won't have a chance to argue it.

Remember, burying your head in the sand is never a good idea.
Of course the OP would have a chance to respond to a default judgment! :rolleyes: She would merely have to file a motion to set aside the default judgment. ;)
 

Zigner

Senior Member, Non-Attorney
Of course the OP would have a chance to respond to a default judgment! :rolleyes: She would merely have to file a motion to set aside the default judgment. ;)
Having a default set aside because one did his or her best to avoid service and then ignored the case after it went to the hearing stage would be exceedingly difficult :rolleyes::rolleyes::cool:
 

quincy

Senior Member
You should consult with an attorney.

I've seen cases dismissed (without prejudice) when service was not completed within the allotted time. If, in fact, the plaintiff waited until the last minute to file, refiling after a dismissal may put them outside the statute of limitations.
To quote Blue Meanie, "Interesting."

Here is a link to North Carolina's Rules of Civil Procedure, Rule 41: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_41.html

"If an action is commenced within the time prescribed therefor, or any claim therein, is dismissed without prejudice under this subsection, a new action based on the same claim may be commenced within one year after such dismissal ..."

Google "saving clause."

A motion for relief from judgment, or a motion to set aside an order or judgment, must "show cause" - with "cause" being a GOOD reason (examples: new evidence, failure to show due to hospitalization, release of liability). Avoiding service is NOT a good reason. I agree with Zigner.
 
To quote Blue Meanie, "Interesting."

Here is a link to North Carolina's Rules of Civil Procedure, Rule 41: http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_41.html

"If an action is commenced within the time prescribed therefor, or any claim therein, is dismissed without prejudice under this subsection, a new action based on the same claim may be commenced within one year after such dismissal ..."

Google "saving clause."

A motion for relief from judgment, or a motion to set aside an order or judgment, must "show cause" - with "cause" being a GOOD reason (examples: new evidence, failure to show due to hospitalization, release of liability). Avoiding service is NOT a good reason. I agree with Zigner.
It would have to be proven she was avoiding service, though. Certainly she cannot NOT accept service if the Process Server is right there to serve her, and if she is not around to accept service and she gets served via publication or some other means, she may have a pretty reasonable chance to get the default set aside because it may be more reasonable for the judge to believe she didn't know about being served rather than trying to avoid being served.
 

quincy

Senior Member
It would have to be proven she was avoiding service, though. Certainly she cannot NOT accept service if the Process Server is right there to serve her, and if she is not around to accept service and she gets served via publication or some other means, she may have a pretty reasonable chance to get the default set aside because it may be more reasonable for the judge to believe she didn't know about being served rather than trying to avoid being served.
Huh?

......
 
Could you please post the caselaw to clarify your post ?
Just look at any court in the land! Anytime there is a default judgment entered against someone, they have the right to file a motion to set it aside. That's all I'm saying. Zigner is wrong when he says you cannot respond/argue a default judgment--even when it is unreasonable to do so.
 

quincy

Senior Member
Just look at any court in the land! Anytime there is a default judgment entered against someone, they have the right to file a motion to set it aside. That's all I'm saying. Zigner is wrong when he says you cannot respond/argue a default judgment--even when it is unreasonable to do so.
Ah. So you are saying that anyone can file a motion to set aside a default judgment, even if the motion has no merit. Gotcha.

Courts love it when people do that.

As a note, the motion is filed under penalty of perjury so the "good cause" that supports the motion should be verifiably true. And the motion needs to include a meritorious defense.
 

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