State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_42 > GS_42-29

§ 42‑29.  Service ofsummons.

The officer receiving thesummons shall mail a copy of the summons and complaint to the defendant nolater than the end of the next business day or as soon as practicable at thedefendant's last known address in a stamped addressed envelope provided by theplaintiff to the action. The officer may, within five days of the issuance ofthe summons, attempt to telephone the defendant requesting that the defendanteither personally visit the officer to accept service, or schedule anappointment for the defendant to receive delivery of service from the officer.If the officer does not attempt to telephone the defendant or the attempt isunsuccessful or does not result in service to the defendant, the officer shallmake at least one visit to the place of abode of the defendant within five daysof the issuance of the summons, but at least two days prior to the day thedefendant is required to appear to answer the complaint, excluding legalholidays, at a time reasonably calculated to find the defendant at the place ofabode to attempt personal delivery of service. He then shall deliver a copy ofthe summons together with a copy of the complaint to the defendant, or leavecopies thereof at the defendant's dwelling house or usual place of abode withsome person of suitable age and discretion then residing therein. If suchservice cannot be made the officer shall affix copies to some conspicuous partof the premises claimed and make due return showing compliance with thissection.  (1868‑9,c. 156, s. 21; Code, s. 1768; Rev., s. 2003; C.S., s. 2368; 1973, c. 87; 1983,c. 332, s. 1; 1985, c. 102; 1995, c. 460, s. 5; 2009‑246, s. 1.)