Munoz

BACKGROUND

In March 2011, Munoz filed this action against defendants Alexander Ruiz and Patty La Valle, seeking repayment of a debt in the amount of $35,710.70. Ruiz answered the complaint in April 2011. In August 2011, Munoz amended his complaint by substituting RCH for a fictitiously named doe defendant. On September 20, 2011, Munoz personally served the amendment to the complaint on Ruiz, as the registered agent for service of process of RCH, in North Carolina. RCH did not answer the complaint. On December 22, 2011, Munoz filed a request for entry of default against RCH. Apparently the clerk entered the default the same day. According to a notice of ruling filed by Munoz on August 27, 2012, on August 23, 2012, the trial court granted a motion by Ruiz and RCH’s counsel to be relieved as attorney of record in this case. The court further ordered Munoz “to proceed with the default of the corporation” (RCH). The court also set the trial and an order to show cause regarding default for October 29, 2012. On August 30, 2012, Munoz submitted to the trial court a request for clerk’s judgment against RCH, which the court rejected on September 5, 2012. The rejection notice indicates the…