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Can a Case Move Forward if One Respondent Has Not Been Served? | NC

Pierce Law Group

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Q: Can a case move forward if one respondent has not been served? A: Yes. A surplus funds case may remain open, and some work involving served parties may continue. But the clerk usually cannot enter a final distribution order if the unserved respondent may have a lien or another right to the same funds. Before distributing the money, the court will generally require valid service, a formal…

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