North Carolina's rules for serving a summons are in the North Carolina Rules of Civil Procedure, mainly Rule 4 (G.S. 1A-1, Rule 4). Proof of service is covered by G.S. 1-75.10.
North Carolina doesn't license private process servers. Instead, Rule 4 says who can serve: in most cases the sheriff serves first, and a private person can step in when the sheriff can't.
Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the North Carolina General Assembly site or ask an attorney before relying on it.
North Carolina process servers
Quick facts: process serving in North Carolina
- Who can serve: In North Carolina, the sheriff of the county where service is made, or another person authorized by law (Rule 4(a)). If the sheriff returns the summons unserved, anyone 21 or older who isn't a party and isn't related to a party or the person being served can serve it (Rule 4(h1)).
- Licensing: No state license for process servers.
- Deadline to serve: Within 60 days after the summons is issued (Rule 4(c)). The summons can be kept alive by an endorsement or an alias or pluries summons within 90 days (Rule 4(d)).
- Substituted service: Leave the papers at the defendant's home with a person of suitable age and discretion who lives there (Rule 4(j)(1)(a)).
- Proof of service: A private server files an affidavit; a sheriff files a certificate (G.S. 1-75.10).
- Time to respond: 30 days after service of the summons and complaint (Rule 12(a)(1)).
Process-serving software: ServeManager
ServeManager is process-serving software used by agencies across North Carolina. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.
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Do you need a license to serve process in North Carolina?
No. North Carolina doesn't license or register private process servers. But that doesn't mean anyone can serve a summons at any time. Under Rule 4:
- The sheriff serves first. In North Carolina, the proper person to serve a summons is the sheriff of the county where service is made, or another person authorized by law (Rule 4(a)).
- A private server can serve after the sheriff returns it unserved. Anyone 21 or older who isn't a party, and isn't related by blood or marriage to a party or to the person being served, can then serve the summons (Rule 4(h1)). This doesn't apply to executions or summary ejectment (eviction) cases.
- The clerk can appoint someone. If there's no proper officer in the county, or the officer refuses, neglects to serve or has an interest in the case, the clerk can appoint a suitable person on an affidavit (Rule 4(h)).
- Outside North Carolina, anyone 21 or older who isn't a party, or anyone allowed to serve under the law of that place, can serve (Rule 4(a)).
Many North Carolina servers also handle service by certified mail or a delivery service such as FedEx or UPS, which the plaintiff can use from the start (Rule 4(j)(1)). For a step-by-step guide, see Become a Process Server in North Carolina.
How to serve a summons in North Carolina
Personal service: Rule 4(j)(1)(a)
Hand a copy of the summons and complaint to the defendant.
Substituted service at the home: Rule 4(j)(1)(a)
Leave copies at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion who lives there.
Service on an agent: Rule 4(j)(1)(b)
Deliver the papers to an agent authorized by appointment or by law to accept service for the defendant.
Certified mail, delivery service or signature confirmation: Rule 4(j)(1)(c)-(e)
Send the summons and complaint addressed to the defendant by one of these methods:
- Registered or certified mail, return receipt requested
- A designated delivery service (under 26 U.S.C. § 7502(f)(2), such as certain FedEx and UPS services), with a delivery receipt
- U.S. Postal Service signature confirmation
Service is complete on the day the papers are delivered. North Carolina doesn't allow service of a summons by email (Rule 4(j6)).
Acceptance of service: Rule 4(j5)
A defendant can accept service by signing an acceptance of service form or by signing and dating a note of acceptance on the summons. Since December 1, 2023, the rule also allows an acceptance of service form prescribed by the Administrative Office of the Courts (S.L. 2023-97).
Service by publication: Rule 4(j1)
If a defendant can't be served with due diligence by personal delivery, mail or delivery service, they can be served by publication. The notice runs once a week for three weeks in a row in a qualified newspaper where the defendant is believed to be. If their mailing address is known, a copy of the notice must be mailed to them. The defendant has 40 days to respond. An affidavit showing the publication and mailing must be filed. See What is service by publication?
Service in another country: Rule 4(j3)
Service outside the United States can be made by internationally agreed means such as the Hague Service Convention, or by other methods the rule allows.
Serving businesses and other entities
- Corporations (Rule 4(j)(6)): Deliver the papers to an officer, director or managing agent, or leave them in that person's office with the person apparently in charge. You can also serve a registered agent, or use certified mail or a designated delivery service addressed to one of these people.
- Partnerships (Rule 4(j)(7)): Serve any general partner or an authorized agent, in person, by mail or delivery service, or by leaving the papers at the office with the person apparently in charge.
- Other unincorporated associations (Rule 4(j)(8)): Serve an officer, director, managing agent or member of the governing body, using the same methods as for corporations.
- The State (Rule 4(j)(3)): Serve the Attorney General or a deputy or assistant attorney general, in person or by certified mail or delivery service.
- State agencies (Rule 4(j)(4)): Serve the process agent the agency has filed with the Attorney General. If it hasn't named one, serve the Attorney General.
- Counties and cities (Rule 4(j)(5)): For a city, town or village, serve the mayor, city manager or clerk. For a county, serve the county manager, or the chair, clerk or any member of the board of commissioners.
Look up registered agents with the North Carolina Secretary of State.
Serving a subpoena in North Carolina
A subpoena can be served by the sheriff, a deputy, a coroner, or any person 18 or older who isn't a party (Rule 45(b)). Serve it by handing a copy to the person, or by registered or certified mail, return receipt requested. Only a sheriff, the sheriff's designee or a coroner can serve a subpoena to attend by telephone. A copy must also be served on each party under Rule 5(b).
Proof of service
Under G.S. 1-75.10:
- Sheriff: a certificate showing the place, time and manner of service
- Private server: an affidavit showing the place, time and manner of service, the server's qualifications to serve under Rule 4(a) or 4(j3), and that the server knew the person served was the party named in the summons. If the papers were left with someone else, the affidavit must say when, where and with whom.
- Mail or delivery service: the serving party's affidavit, with the signed return receipt or delivery receipt attached
Proof of service is required before a default judgment can be entered (Rule 4(j2)). The summons should be returned to the clerk once every party is served (Rule 4(c)).
Hire a North Carolina process server
Find agencies in Charlotte, or browse the North Carolina process server directory.
More North Carolina resources
This page is a general overview of North Carolina law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.
