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a1handy

Does Civil Action survive Death of Defendant

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I  filed a pleading for defamation  in Common Pleas and 28 days after the defendant was served and prior to responding, he died. This action was filed in the state of NC.   My question is will this action survive his death or will it be dismissed.   A part of the pleading included an unpaid debt of services rendered (extensive repairs to an  older automobile which I am still in possession).    If not how long can I expect this to take before it will be settled considering the civil action?  Basically, can I negotiate with the executor to settle this immediately to avoid a long and drawn out process? 

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On 7/24/2016 at 3:04 AM, a1handy said:

My question is will this action survive his death or will it be dismissed.

 

I disagree that the defamation action won't survive.  Had you died, the defamation claim would have died with you.  However, a defamation claim doesn't die just because the defendant dies.  And, obviously, the defendant's death isn't going to have any impact on the case until and unless someone it to the court's attention.

 

 

On 7/24/2016 at 3:04 AM, a1handy said:

If not how long can I expect this to take before it will be settled considering the civil action?

 

Not sure what this question means or what "this" and "it" refer to.  Whether your case settles or goes to trial is up to whomever is appointed as executor of the defendant's estate, and your post doesn't even indicate whether an executor has been appointed or, if so, whether the executor is aware of the lawsuit.

 

 

On 7/24/2016 at 3:04 AM, a1handy said:

can I negotiate with the executor to settle this immediately to avoid a long and drawn out process?

 

Negotiations require two (or more) to tango.  You can try to negotiate.  Whether you actually can negotiate is up to the executor.

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