Musarra v. Bock

STEELMAN, Judge.

The misspelling of defendant’s name on the summons implicated personal jurisdiction issues which defendant waived by not raising them in his answer. The Superior Court of Macon County had subject matter jurisdiction over the case since actions for the collection of a debt greater than $10,000.00 fall under the original jurisdiction of the superior court pursuant to N.C. Gen. Stat. §§ 7A-240 and 243 (2007). Defendant failed to preserve his statute of limitations argument on appeal.

I.Factual and Procedural Background

Bock Homes, Inc. executed an undated promissory note to É.…