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Terms Used In North Carolina General Statutes 28B-3

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(a) Notice of the hearing on the complaint to appoint a receiver shall be given to all persons named in the petition by registered mail or certified mail with return receipt requested.

(b) The judge shall hear evidence on the questions of whether the person alleged to be missing or captured is an absentee in military service as defined by N.C. Gen. Stat. § 28B-1, on the question of the necessity for the appointment of a receiver, and on the question of who is entitled  to appointment as the receiver.

(c) The court may in its discretion appoint a guardian ad litem to  represent the alleged absentee in military service at the hearing. (1973, c. 522, s. 3.)