What other ways are there to serve someone who is avoiding service or moving around? – North Carolina

Short Answer

In North Carolina family law cases, if someone is avoiding service or is hard to locate, the next options usually include service by certified mail (or a designated delivery service), substituted service at the person’s dwelling with a suitable resident, acceptance of service, or—when those methods fail despite due diligence—service by publication. The court also allows the case to stay alive by extending the summons (endorsement) or issuing an alias/pluries summons while continued service attempts are made. The right method depends on what information exists about the person’s current address and whether “due diligence” can be shown.

Understanding the Problem

In a North Carolina family law case, can a plaintiff move the case forward when the other party is avoiding being handed papers or keeps changing locations? The decision point is which legally valid service method can be used to give the court authority to proceed when personal hand-delivery is not working. Timing matters because a summons does not stay valid forever, and service steps often must be taken within set time windows.

Apply the Law

North Carolina generally requires proper service of the summons and complaint (or petition and related papers) before the court can enter many orders against the responding party. In family law, service is commonly done by personal delivery, acceptance of service, or mail-based service methods authorized by Rule 4. If those methods cannot be completed after due diligence, North Carolina allows service by publication, but it has strict requirements and proof obligations. If service is taking time, Rule 4 also provides ways to keep the summons “alive” through endorsements or alias/pluries summonses so the case does not discontinue as to the unserved party.

Key Requirements

Use an authorized method: Service must follow a method allowed by North Carolina law (for example, personal delivery, substituted service at a dwelling, certified mail, designated delivery service, acceptance of service, or publication when allowed).
Show “due diligence” before publication: Service by publication is not a shortcut. The serving party must show reasonable, documented efforts to locate and serve the person by other methods first.
Watch the summons deadlines: Personal or substituted personal service must generally be made within 60 days after issuance of the summons, and the plaintiff must keep the summons extended (endorsement) or reissued (alias/pluries) within the required timeframes to avoid discontinuance as to the unserved party.

What the Statutes Say

N.C. Gen. Stat. § 1A-1, Rule 4 (Process) – Lists permissible service methods (including mail and publication), sets proof requirements, and explains summons timing, extensions, and alias/pluries summons.
N.C. Gen. Stat. § 50A-309 (Service of petition and order) – In child-custody jurisdiction cases under Chapter 50A, requires service by any method authorized by North Carolina law.

Analysis

Apply the Rule to the Facts: The situation described involves a party who is avoiding service or frequently changing locations. Under North Carolina practice, the first step is usually to attempt an authorized direct method (personal delivery, substituted service at the dwelling, or certified mail/designated delivery service) and carefully document each attempt. If those attempts fail despite due diligence, service by publication may be available, but it requires specific steps and an affidavit explaining why other service methods could not be completed.

Process & Timing

Who files: The party who started the case (plaintiff). Where: The Clerk of Superior Court (civil division) for the county where the family law case is filed (often District Court division for Chapter 50 matters). What: Summons and complaint (or petition/motion initiating the action), plus any required attachments (for example, in some protective order matters). When: The summons is issued shortly after filing; personal/substituted personal service generally must be completed within 60 days after issuance.
Try other authorized service methods: If the person is dodging the sheriff or a process server, the plaintiff can often try (a) substituted service at the person’s dwelling with a suitable resident, (b) certified mail/return receipt requested, or (c) a designated delivery service with a delivery receipt. If the defendant will cooperate, written acceptance of service can also work.
If service still fails, preserve the case and consider publication: If the defendant is not served in time, the plaintiff must keep the summons valid by getting an endorsement or issuing an alias/pluries summons within the required window. If the plaintiff can show due diligence but still cannot serve by delivery or mail, the plaintiff may move forward with service by publication and then file the required affidavits proving publication (and mailing the notice if an address can be found with reasonable diligence).

Exceptions & Pitfalls

Publication is not automatic: Courts expect a real, documented search. Skipping reasonable steps (like trying known addresses, mail service, or checking likely locations) can lead to service being challenged later.
Wrong address problems: Certified mail or delivery service only helps if it is sent to an address that is reasonably connected to the person. Using an outdated address without follow-up can create delays and disputes over validity.
Summons “chain” mistakes: If the plaintiff misses the deadline to endorse the summons or issue an alias/pluries summons, the action can be discontinued as to the unserved party, which can force a restart and create new timing problems.
Email is not a substitute for initial service: North Carolina rules do not authorize electronic mail as a method to serve the summons and complaint on the party to be served.

Conclusion

North Carolina allows several alternatives when a party avoids service or moves frequently, including substituted service at the person’s dwelling, certified mail or designated delivery service, acceptance of service, and—after documented due diligence—service by publication. The most important timing issue is keeping the summons valid: personal or substituted personal service generally must be completed within 60 days after issuance, and if not, the next step is to file for an endorsement or issue an alias/pluries summons with the Clerk of Superior Court within the Rule 4 deadlines.

Talk to a Family Law Attorney

If service is being avoided in a North Carolina family law case, the next steps often depend on what addresses are known, what attempts have already been made, and how close the case is to summons deadlines. Our firm has experienced attorneys who can help explain the available service options and the timing rules that keep a case on track. 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.