How long does it usually take to serve someone who doesn’t have a stable address? – North Carolina

Short Answer

In North Carolina family law cases, there is no single “usual” timeline when the other party does not have a stable address, because timing depends on whether personal service succeeds or whether the case must move to service by publication. After a summons is issued, personal or substituted personal service generally must be completed within 60 days, but the case can usually be kept alive by timely extending the summons. If service by publication is allowed, the publication itself typically runs for three weeks, and the response deadline is tied to the first publication date.

Understanding the Problem

In North Carolina, when a plaintiff files a family law case and the defendant does not have a stable address, how long can it take to complete “service of process” so the court can move forward? The timing usually turns on whether the defendant can be located for personal delivery, certified mail delivery, or delivery at a dwelling, or whether service must shift to publication after diligent efforts fail. The key trigger is the date the clerk issues the summons, because that date starts the main service clock.

Apply the Law

North Carolina family law cases generally follow the civil rules for serving the other party. The basic rule is that the plaintiff must serve the summons and complaint (or other initiating papers) using a method allowed by Rule 4, and the plaintiff must complete personal or substituted personal service within 60 days after the summons is issued. If the defendant is not served in time, the plaintiff can usually keep the case alive by getting a timely endorsement extending the summons or by issuing an alias or pluries summons. If the defendant cannot be served despite due diligence, the plaintiff may ask to serve by publication; publication must run once a week for three successive weeks, and the notice must set a deadline to respond that is at least 40 days after the first publication date (excluding that date).

Key Requirements

Valid method of service: Service must use a method allowed by Rule 4 (for example, personal delivery, leaving papers at a dwelling with a suitable person, or certain mail/delivery-service methods).
Meet the service clock: Personal or substituted personal service generally must be completed within 60 days after the summons is issued, or the plaintiff must timely extend the summons chain.
Diligence before publication: Service by publication is only available when the defendant cannot be served through the usual methods despite due diligence, and the notice must run for three weeks and give a 40-day response period tied to the first publication date.

What the Statutes Say

N.C. Gen. Stat. 7 1A-1, Rule 4 (Service of Process) – Sets the main service methods, the 60-day service period, how to extend a summons, and the rules for service by publication (including the three-week publication requirement and 40-day response period).

Analysis

Apply the Rule to the Facts: No specific facts are provided, so the timing depends on which track applies. If the defendant can be found for personal delivery (including at a “dwelling house or usual place of abode” with a suitable person), service can sometimes be completed quickly, but it still must be completed within the 60-day window after the summons issues. If the defendant cannot be located despite documented efforts, the case often shifts to a publication track that adds several weeks for running the notice and waiting out the response deadline.

Process & Timing

Who files: The plaintiff (or the plaintiff’s attorney). Where: Office of the Clerk of Superior Court (typically the District Court Division for many family law matters) in the county where the case is filed. What: Civil summons and the filed complaint or motion initiating the family law action. When: After issuance of the summons, personal/substituted service must generally be completed within 60 days unless the summons is timely extended.
If personal service fails: Before the case goes “dead,” the plaintiff typically keeps the summons alive by either (a) getting an endorsement extending the time or (b) issuing an alias/pluries summons within the required window. County practices and sheriff/process-server turnaround times can change how quickly new attempts happen.
If publication is needed: The plaintiff requests permission to serve by publication and supports that request with a sworn description of the efforts made to locate and serve the defendant. If allowed, the notice is published once a week for three successive weeks, and the notice must require a response within 40 days after the first publication date (excluding the first publication date).

Exceptions & Pitfalls

Skipping diligence steps: Courts can reject service by publication if the record does not show real, reasonable efforts to locate the defendant before asking to publish.
Letting the summons chain lapse: Missing the deadline to extend the summons or to issue an alias/pluries summons can cause the action to be treated as discontinued as to an unserved defendant, which can force a restart and create deadline problems.
Wrong publication details: The notice must run for the required number of weeks and must state a proper response deadline tied to the first publication date; mistakes can lead to delays and challenges to service later.

Conclusion

In North Carolina, serving a family law defendant who lacks a stable address can take anywhere from days to multiple weeks, depending on whether personal service succeeds or the case must move to publication. The key rule is that personal or substituted personal service generally must be completed within 60 days after the summons issues, unless the summons is timely extended. If publication is approved, the notice runs for three weeks and sets a response deadline at least 40 days after the first publication date. The next step is to file and pursue service promptly after the summons is issued.

Talk to a Family Law Attorney

If dealing with a family law case where the other party cannot be reliably located for service, our firm has experienced attorneys who can help clarify service options, document diligence efforts, and keep track of the summons deadlines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.