Jan92026
Partition Action Q&A Series

If a co-owner can’t be found at home when the sheriff tries to serve them, what are the next options? – North Carolina

Short Answer

In North Carolina, if the sheriff cannot personally hand a co-owner the summons and complaint at home, the next options usually include (1) another attempt at personal or substituted service at the person’s dwelling, (2) service by certified mail (or other permitted delivery methods), (3) keeping the case “alive” by issuing an alias/pluries summons if service is not completed in time, and (4) if the person still cannot be served with “due diligence,” asking the court to allow service by publication. In a partition case, if a party truly cannot be located, the court may also appoint a guardian ad litem to represent that unlocatable person.

Understanding the Problem

In a North Carolina partition action, a petitioner must get formal service of the summons and petition/complaint on each co-owner who is a required party. The decision point is what happens when the sheriff goes to a co-owner’s home address to serve the papers but cannot find the co-owner there. The next steps depend on whether the co-owner can still be served through another method allowed by North Carolina civil procedure, or whether the case has reached the point where the court must authorize an alternative method.

Apply the Law

North Carolina generally requires service of process in a way that is reasonably calculated to give notice. For an individual, Rule 4 allows personal delivery, substituted service at the person’s dwelling with a suitable person who lives there, and certain mail/delivery methods. If those methods fail after “due diligence,” the court can allow service by publication. Separately, North Carolina imposes strict timing rules: service must be completed within a set period after the summons is issued, or the plaintiff must extend the summons (typically by endorsement or an alias/pluries summons) to avoid the action being discontinued as to the unserved party.

Key Requirements

  • Use an authorized method of service: For a natural person, North Carolina permits personal delivery, leaving the papers at the dwelling with a suitable resident, or certain mail/delivery options authorized by Rule 4.
  • Track the service clock: Service generally must be made within 60 days after the summons is issued, and if service is not completed, the plaintiff must timely extend the summons (endorsement or alias/pluries) to keep the case active against that defendant.
  • Show “due diligence” before publication: Service by publication is not the first choice. The court expects reasonable efforts to locate and serve the person through other allowed methods before publication is used.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the case is a partition action involving co-owned real property, and multiple co-owners must be served. If the sheriff cannot find a co-owner at home, that does not automatically stop the case, but it does mean the petitioner must move to another Rule 4 method and keep the summons deadlines under control. If the co-owner truly cannot be located after reasonable efforts, the petitioner can ask the court to permit service by publication and, in a partition case, to appoint a guardian ad litem for that unlocatable party.

Process & Timing

  1. Who files: The party who started the partition case (the petitioner/plaintiff). Where: The Clerk of Superior Court in the county where the partition proceeding is pending. What: A request for another method of service (often starting with re-issuance of summons and/or a different service method), and if needed later, a motion/request to serve by publication supported by an affidavit describing due diligence. When: Service generally must be completed within 60 days after the summons is issued, or the summons must be timely extended with an endorsement or an alias/pluries summons within the Rule 4 time limits.
  2. Try other authorized service methods: Common next steps include attempting substituted service at the dwelling (leaving papers with a suitable resident) or using certified mail/other permitted delivery methods under Rule 4, depending on what address information is available.
  3. If still not served, move to publication (and guardian ad litem in partition): If the co-owner cannot be served with due diligence, the petitioner can request service by publication. In a partition proceeding involving an unknown or unlocatable party, the court should also appoint a guardian ad litem to represent that person’s interests.

Exceptions & Pitfalls

  • Publication is not automatic: Courts typically require a clear record of “due diligence” efforts before allowing publication, so skipping straight to publication can create delays or service challenges later.
  • Letting the summons lapse: If the Rule 4 deadlines are missed and no timely endorsement or alias/pluries summons is issued, the action can be discontinued as to the unserved party, which can force a restart (or at least change the “commencement” date as to that party).
  • Wrong address or incomplete search: Using an outdated address, failing to check reasonably available leads, or not documenting attempts can undermine a later request for publication.

Conclusion

In North Carolina, if the sheriff cannot find a co-owner at home to serve partition papers, the next options usually include trying another Rule 4 method (such as substituted service at the dwelling or certified mail), and making sure the summons is kept active if service is not completed on time. If the co-owner still cannot be served after due diligence, the court can authorize service by publication, and in a partition case the court can appoint a guardian ad litem for an unlocatable party. The key next step is to issue an alias/pluries summons (if needed) before the Rule 4 deadlines expire.

Talk to a Partition Action Attorney

If a partition case is stalled because a co-owner cannot be found for service, our firm has experienced attorneys who can help identify the next lawful service option and keep the case on track with the required 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.