What happens if I sent a subpoena or records request to the wrong address and the company says they never received it? – North Carolina

Short Answer

In North Carolina, a subpoena or records request generally does not “count” unless it is properly delivered and served the way the rules require. If it was mailed to the wrong address and the company says it never received it, the practical result is usually a delay: the company has no obligation to respond until a valid request is received (and, for a subpoena, properly served). The fix is typically to resend the request to the correct address with proof of authority, and if a subpoena is needed, to reissue and properly serve it with proof of service.

Understanding the Problem

In a North Carolina estate administration, a personal representative (or the law firm acting for the personal representative) may need a utility-related transfer-agent or shareholder record to confirm ownership, activity, or value for a recent time period. The single decision point is whether the company must respond when the subpoena or written records request was sent to the wrong address and the company reports it was never received. Timing matters because estate administration often depends on getting third-party records before filings, distributions, or asset transfers can move forward.

Apply the Law

North Carolina treats subpoenas as formal court process. That means service rules matter. If service is defective (including sending it to the wrong place so it is not actually served), the recipient can treat it as not properly served and not respond. Separately, many companies will provide estate-related records without a subpoena if the requester provides a written request and proof of authority (for example, certified letters testamentary or letters of administration), but the company can require the request be sent to a specific address or department.

Key Requirements

Proper authority to request estate records: The requester typically must show the personal representative’s appointment (commonly by certified letters testamentary or letters of administration) and provide enough identifying information for the account or holdings.
Proper delivery/service to the right recipient: A subpoena must be served in compliance with North Carolina’s subpoena service rules; a misaddressed mailing often means service did not happen.
Proof and documentation: For a subpoena, a file should include proof of service. For a non-subpoena written request, the file should include proof of mailing/delivery and the documents the company requires (often a death certificate and certified appointment documents).

What the Statutes Say

N.C. Gen. Stat. § 1F-4 (Service of subpoena) – Provides that a subpoena must be served in compliance with Rule 45(b) of the North Carolina Rules of Civil Procedure.
N.C. Gen. Stat. § 36F-8 (Disclosure of certain digital assets to a personal representative) – Illustrates a common North Carolina approach: custodians may require a written request plus certified proof of authority (such as letters) before disclosing certain categories of information.

Analysis

Apply the Rule to the Facts: Here, the firm mailed a subpoena seeking account statements, but the provider says nothing is on file and instructs the firm to resend a written request to the correct mailing address with proof of authority. If the subpoena or request went to the wrong address, the provider can credibly say it was never received, which usually means there is no enforceable deadline running and no obligation to produce yet. The practical next step is to resend the request to the address the provider designates, with certified proof that the personal representative has authority to act for the estate.

Process & Timing

Who sends/refiles: The personal representative (often through counsel). Where: For a non-subpoena request, to the company’s designated records/transfer/legal mailing address (and any alternate delivery address the company provides). For a subpoena, through the North Carolina court file in the county where the estate proceeding or related civil action is pending, with service completed under Rule 45. What: A “letter of instruction” or written request that includes the decedent’s identifying information, the date range requested, and the specific records sought, plus certified proof of authority (commonly certified letters and a certified death certificate). When: As soon as the address problem is discovered, because misdelivery usually resets the practical timeline.
Document the resend: Use a delivery method that creates a clear record (for example, certified mail/return receipt or a trackable courier) and keep a copy of the full packet sent. If the company provided both a primary and alternate delivery address, send to both and note that in the cover letter.
Escalate only if needed: If the company still does not respond after receiving a complete packet, the next step is typically a follow-up demand and, if a subpoena is appropriate and available in the matter, reissue and properly serve it with a clean proof-of-service record so enforcement is possible if noncompliance continues.

Exceptions & Pitfalls

Subpoena vs. voluntary production: Many transfer agents and record custodians will not treat a mailed “subpoena” as effective unless it is issued in the right matter and served correctly; they may instead require a written estate request with certified appointment documents.
Proof of authority problems: Companies often reject packets that do not include certified letters (and sometimes letters dated within a recent window) or that do not clearly connect the request to the decedent’s account identifier. A complete, organized packet reduces back-and-forth.
Service and notice gaps: If enforcement is later needed, missing proof of service (or service to the wrong entity/address) can prevent a court from compelling compliance. Clean documentation from the start avoids having to redo the process.

Conclusion

In North Carolina, sending a subpoena or records request to the wrong address usually means the company has no duty to respond because proper service or delivery did not occur. The most direct fix is to resend a written request (letter of instruction) to the company’s designated address with certified proof of the personal representative’s authority and any required supporting documents. If a subpoena is still necessary, the next step is to reissue and properly serve it under Rule 45 so the response timeline and enforcement options are preserved.

Talk to a Probate Attorney

If an estate administration is stalled because a company says it never received a subpoena or records request, our firm has experienced attorneys who can help sort out the correct authority documents, the right recipient address, and the proper service steps. 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.