What information can I give my lawyer to help locate someone for service if I don’t know their current address? – North Carolina

Short Answer

In North Carolina, the best way to help a lawyer serve someone whose current address is unknown is to provide a detailed “trail” of identifying information and recent leads. Courts usually require “due diligence” efforts to locate the person before allowing alternatives like service by publication. Useful details include the person’s full legal name, prior addresses, employer information, phone/email, family contacts, and any last-known locations or routines.

Understanding the Problem

In a North Carolina family law case, a plaintiff often must have the other party served with a summons and the filed papers before the court can move forward. The problem arises when the other party’s current address is unknown and personal service or mail service cannot be completed. The key decision point is whether enough reliable information exists to help locate the other party for service, or whether the case needs an alternate service method because the other party cannot be found after diligent efforts.

Apply the Law

North Carolina family law cases generally follow the North Carolina Rules of Civil Procedure for service of process. If the other party cannot be located after due diligence, North Carolina law may allow service by publication, but courts expect a real, documentable search first. That usually means collecting and using practical leads (identity, prior locations, work, family connections) and keeping a record of what was checked and what the results were.

Key Requirements

Enough identifiers to match the correct person: Full name (including prior names), date of birth, and other details that help avoid confusing the person with someone else.
Actionable location leads: Last-known address, work location, frequent hangouts, family addresses, or any place where a sheriff or process server might realistically find the person.
Documented “due diligence” search history: A clear timeline of attempted addresses and other search steps, so the lawyer can support a motion or affidavit if alternate service (like publication) becomes necessary.

What the Statutes Say

N.C. Gen. Stat. § 1-75.10 (Proof of service) – Describes how service is proven, including affidavits for service by mail/delivery services and affidavits used for service by publication.
N.C. Gen. Stat. § 7B-407 (Service of summons in juvenile matters) – Requires service under Rule 4 in certain family-related juvenile cases and references service by publication when required.

Analysis

Apply the Rule to the Facts: When there are no known facts beyond “the current address is unknown,” the most helpful approach is to assemble a thorough packet of identifying details and last-known leads. For example, if the only information available is an old address and a phone number, the lawyer can start with attempts at that address and contact methods, then document outcomes. If there is also an employer name or a close relative’s contact information, those are often the next most productive leads to pursue and document as part of a due diligence search.

Process & Timing

Who files: The plaintiff (through counsel). Where: The Clerk of Superior Court for the county where the family law case is filed (often District Court Division for many family law matters). What: A summons and the filed complaint/motion, then proof of service (often an officer’s return or an affidavit, depending on the method). When: Early in the case, because the court generally cannot grant requested relief against the other party until service is completed or properly authorized by an alternate method.
Attempt standard service first: A sheriff or process server tries personal service at the best addresses and locations provided, and counsel may also attempt service by certified mail or other authorized delivery methods where appropriate. Each attempt should be tracked with dates, addresses used, and results.
If the person still cannot be found: Counsel may ask the court to allow service by publication (when permitted) and will typically support that request with a detailed description of the search steps taken and why those steps did not work.

Exceptions & Pitfalls

Incomplete identity information: A common problem is having only a nickname or partial name. Providing prior names, spelling variations, and date of birth can prevent serving the wrong person and can speed up searches.
Thin “due diligence” record: Courts may deny publication or other alternate methods if the search steps were minimal or not well documented. Keeping a dated list of attempted addresses, calls, emails, returned mail, and conversations helps.
Relying on rumors without details: “Someone heard the person moved to another city” is less useful than a specific lead (a street name, apartment complex, employer, relative’s address, or the date the person was last seen).

Conclusion

In North Carolina family law cases, a missing current address does not end the case, but it does require a strong, well-documented effort to locate the other party for service. The most useful information includes full identifying details, last-known addresses, employer and contact information, close relatives or friends who may have a lead, and a timeline of recent sightings or communications. The next step is to give counsel this information so service attempts can begin and, if needed, a request for alternate service can be supported.

Talk to a Family Law Attorney

If locating the other party for service is delaying a custody, support, or divorce case, our firm has experienced attorneys who can help organize a due diligence search and explain the service options and timelines. 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.