Short Answer

In North Carolina special proceedings (including surplus funds after a foreclosure), you file one petition that lists all interested people, but the Clerk issues a separate Special Proceedings Summons for each respondent. You must serve each respondent individually under Rule 4 (for example, by certified mail, return receipt requested). Respondents generally have 10 days to answer after service.

Understanding the Problem

You are in North Carolina, asking whether you can list multiple respondents on one summons when filing a special proceeding with the Clerk of Superior Court to claim surplus funds. You want to know how to list respondents, how to serve by certified mail, and whether to check the “alias” box on the summons.

Apply the Law

North Carolina treats surplus funds claims tied to a foreclosure as a special proceeding before the Clerk of Superior Court. You submit one petition that names all interested parties as respondents. The Clerk then issues a Special Proceedings Summons (AOC‑SP‑100) to each respondent you named. Service must follow Rule 4 of the North Carolina Rules of Civil Procedure. In special proceedings, a respondent has 10 days after service to answer.

Key Requirements

• One petition, all respondents: Your petition should name every interested person as a respondent.
• Separate summons per respondent: The Clerk issues a Special Proceedings Summons to each respondent you named; prepare one AOC‑SP‑100 for each person.
• Proper service under Rule 4: Serve each respondent with the petition and that person’s issued summons (e.g., certified mail, return receipt requested, addressed to the addressee).
• Answer time: In special proceedings, each respondent has 10 days after service to file a written answer with the Clerk.
• Alias/pluries use: Do not check the alias/pluries box on first issuance; it’s used only if you need a reissued summons because service was not completed in time.

What the Statutes Say

• North Carolina Gen. Stat. § 45-21.31 (Foreclosure surplus funds) – Surplus proceeds are paid to the Clerk; claimants may apply for disbursement.
• North Carolina Gen. Stat. § 1-394 (Special proceedings summons and answer) – Clerk issues summons; respondents have 10 days after service to answer.
• North Carolina Gen. Stat. § 1A‑1, Rule 4 (Service of process) – Lists who must be served and approved service methods, including certified mail with return receipt.

Analysis

Apply the Rule to the Facts: Because multiple heirs received notice of surplus funds, your petition should name them all as respondents. To move the claim forward, provide a separate AOC‑SP‑100 for each respondent so the Clerk can issue an individual summons to each person. Then, serve each respondent with the petition and that person’s summons by a Rule 4 method such as certified mail, return receipt requested. Do not check the alias/pluries box on the first issuance.

Process & Timing

1. Who files: The claimant (you) as petitioner. Where: Clerk of Superior Court, Special Proceedings, in the county where the foreclosure was held and surplus funds are deposited. What: Petition for disbursement of surplus funds naming all respondents; plus one Special Proceedings Summons (AOC‑SP‑100) for each respondent. When: After filing, serve respondents; each has 10 days after service to answer.
2. After filing, the Clerk issues each summons. You complete service on every respondent (for certified mail, use return receipt to the addressee). Counties vary, but certified mail receipts often return within 1–3 weeks.
3. After the 10‑day answer period runs, ask the Clerk to set a hearing or enter an order. If no one contests and service is proper, the Clerk can order disbursement of the surplus funds.

Exceptions & Pitfalls

• Missing a respondent: All interested persons should be joined. If someone is left out, the Clerk may require adding them and re-serving, causing delay.
• Service mistakes: For certified mail, address it to the respondent and request a return receipt; if someone else signs or it’s returned “unclaimed,” service may be invalid.
• Minors or adults under disability: Special Rule 4 service rules apply and may require service on a representative or appointment of a guardian ad litem.
• Alias/pluries timing: If you cannot complete service within the time allowed by Rule 4, request an alias or pluries summons; timing and reissuance procedures are technical, and missing them can force refiling.
• SCRA affidavit: If a respondent does not appear and you seek relief, the Clerk will require a servicemember status affidavit before entering judgment.

Talk to a Surplus Funds Attorney

If you’re dealing with surplus funds after a foreclosure and need to serve multiple respondents correctly, our firm has experienced attorneys who can help you understand your 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.