State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-75_10

§ 1‑75.10.  Proof ofservice of summons, defendant appearing in action.

(a)        Where the defendantappears in the action and challenges the service of the summons upon him, proofof the service of process shall be as follows:

(1)        Personal Service orSubstituted Personal Service. –

a.         If served by thesheriff of the county or the lawful process officer in this State where thedefendant was found, by the officer's certificate thereof, showing place, timeand manner of service; or

b.         If served by anyother person, his affidavit thereof, showing place, time and manner of service;his qualifications to make service under Rule 4(a) or Rule 4(j3) of the Rulesof Civil Procedure; that he knew the person served to be the party mentioned inthe summons and delivered to and left with him a copy; and if the defendant wasnot personally served, he shall state in such affidavit when, where and withwhom such copy was left. If such service is made outside this State, the proofthereof may in the alternative be made in accordance with the law of the placewhere such service is made.

(2)        Service ofPublication. – In the case of publication, by the affidavit of the publisher orprinter, or his foreman or principal clerk, showing the same and specifying thedate of the first and last publication, and an affidavit of mailing of a copyof the complaint or notice, as the case may require, made by the person whomailed the same.

(3)        Written Admission ofDefendant. – The written admission of the defendant, whose signature or thesubscription of whose name to such admission shall be presumptive evidence ofgenuineness.

(4)        Service byRegistered or Certified Mail. – In the case of service by registered orcertified mail, by affidavit of the serving party averring:

a.         That a copy of thesummons and complaint was deposited in the post office for mailing byregistered or certified mail, return receipt requested;

b.         That it was in factreceived as evidenced by the attached registry receipt or other evidencesatisfactory to the court of delivery to the addressee; and

c.         That the genuinereceipt or other evidence of delivery is attached.

(5)        Service byDesignated Delivery Service. – In the case of service by designated deliveryservice, by affidavit of the serving party averring all of the following:

a.         That a copy of thesummons and complaint was deposited with a designated delivery service asauthorized under G.S. 1A‑1, Rule 4, delivery receipt requested.

b.         That it was in factreceived as evidenced by the attached delivery receipt or other evidencesatisfactory to the court of delivery to the addressee.

c.         That the deliveryreceipt or other evidence of delivery is attached.

(6)        Service by SignatureConfirmation. – In the case of service by signature confirmation as provided bythe United States Postal Service, by affidavit of the serving party averringall of the following:

a.         That a copy of thesummons and complaint was deposited in the post office for mailing by signatureconfirmation.

b.         That it was in factreceived as evidenced by the attached proof of delivery obtained from theUnited States Postal Service, or other evidence satisfactory to the court ofdelivery to the addressee.

c.         That the copy of thesignature confirmation or other evidence of delivery is attached.

(b)        As used insubdivision (5) of subsection (a) of this section, "delivery receipt"includes a facsimile receipt and a printout of an electronic receipt.  (1967, c. 954, s. 2; 1969,c. 895, s. 14; 1973, c. 643; 1979, c. 525, s. 2; 1981, c. 540, ss. 9, 10; 2001‑379,s. 2.3; 2005‑221, s. 3; 2008‑36, s. 4.)