North Carolina State Process Server

$169 Routine - $219 Rush

In North Carolina, process serving involves delivering legal documents such as summons, complaints, or subpoenas to individuals involved in legal proceedings. The rules are governed by the North Carolina Rules of Civil Procedure. Here’s an overview of the key rules for process serving in North Carolina:

Who Can Serve Process?

1. Sheriff or Deputies: The sheriff or deputies in the county where the person to be served resides or can be found.
2. Any Nonparty Adult: A person who is at least 21 years old and is not a party to the case.

Methods of Service

1. Personal Service: Delivering the documents directly to the defendant or party to be served.
2. Service by Leaving at a Dwelling:
   • Leave the documents at the defendant's usual place of abode.
   • Deliver them to someone of suitable age and discretion who resides there.
3. Service by Mail:
   • Send by registered or certified mail, return receipt requested.
   • Deliver to the defendant's address.
4. Service by Publication:
   • Used when the defendant cannot be located after diligent effort.
   • Publish a notice in a qualified newspaper once a week for three consecutive weeks.

Timing for Service

• Service of the summons and complaint must be completed within 60 days of issuance. If not, the summons can be extended or reissued.

Proof of Service

After serving the documents, the person serving must file proof of service with the court. This may include:

• A completed affidavit of service (if served by a nonparty).
• A return of service form (if served by the sheriff).
• The return receipt (if served by mail).

Special Rules

• Corporations and Business Entities: Service can be made on an officer, director, managing agent, or registered agent.
• Minors or Incompetent Persons: Service must be made on the person’s guardian or custodian.
• Out-of-State Defendants: Service must comply with North Carolina's long-arm statute or the laws of the state where service is being made.