North Carolina Service of Process Rules
North Carolina
State Serve Rules
Additional Rules
Additional rules - TM
Certified mail counts as personal service, if returned accepted. Process servers appointed by courts (by not on a case by case basis)
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Sheriff required for in person service. Process Server provide service by certified mailing with receipt to prove service.
Mailing
Certified Mail
n/a
Mail always?
n/a
Mail if posted
n/a
Mail if subserve
n/a
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
n/a
Eviction Posting Rules
Additional Rules
Additional rules - TM
Oral or written notice at least four hours before filing eviction
Affidavit
Notary for Notice
n/a
Mailing
Certified Mail
No
Mail always?
No
Proof Specialists
Server/Marshal Required?
Sheriff
**Notary:** Required
**Civil Subpoenas must be personally served.**
**Can serve on Sundays**
**INDIVIDUAL**
+ Personal
+ Substituted
+ Dwelling/house/Usual place of abode
- Family or co-resident of suitable age and discretion
**PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS**
+ Registered agent or general partner
- Substituted service per above upon the registered agent, officer, or director
- Sub service on any clerk or agent of the corporation who may be found in the county where the action is filed
**CORPORATIONS**
+ Registered agent, officer, director, or managing agent of the corporation
- Leaving copies in the office of such officer, director, or managing agent with the person who is apparently in charge of the office.
**PUBLIC ENTITY - STATE**
+ Attorney General, or a person designated by the Attorney General in office
**PUBLIC ENTITY - COUNTIES, CITIES, ETC.**
+ Presiding officer of the governing body or their agent
- Sub Attorney General if one not available
**MINOR**
+ Parent, Guardian
- If there is a guardian AND parent, then both
**POSTING (EVICTIONS)**
+ Allowed
