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W.D.N.C.: Powell v. Best Buy- Insufficient Service

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By Ed Boltz, 2 April, 2021

Summary:

The pro se Plaintiff brought a complaint first in Mecklenburg District Court against Best Buy for a allegedly improper "hard pull" of his credit report. After that was removed to federal district court, on the basis of subject matter jurisdiction, Best Buy sought dismissal for insufficient service. As the Plaintiff did not serve Best Buy, as required by North Carolina Rules of Civil Procedure at the address provided by the North Carolina Secretary of State for the registered agent and to an "officer director, or managing agent" at the principal address of Best Buy, the complaint was dismissed.

Commentary:

This requirement for service is not unfamiliar to bankruptcy attorneys, but it is helpful that the district court seems to tacitly accept that service need not be made to a specifically named "officer director, or managing agent."

For a copy of the opinion, please click here:

Powell-v.-Best-BuyDownload

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Western District
North Carolina District Court Cases

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