North and South Carolina may be considered sister states in many ways, but there are usually some distinct differences in how each state handles legal and governmental matters. While both states tend to follow federal standards for service of process, they both also have deviations that must be complied with to ensure proper and valid service of process. Let’s find out more about how the Carolinas govern the service of process.
Understanding Service of Process
Service of process is the legal procedure for delivering official court documents, such as summonses, subpoenas, and complaints, to individuals, businesses, or other entities involved in a legal case. Proper service ensures that the recipient is aware of the legal action and has an opportunity to respond. Failure to correctly serve documents can result in delays or dismissal of the case, making it crucial to follow the specific rules in each jurisdiction.
Service of Process in North Carolina
North Carolina’s service of process procedures is governed by Rule 4 of the North Carolina Rules of Civil Procedure. Below are the key takeaways:
- Who Can Serve: In North Carolina, most service of process must first be attempted by a sheriff. If this is unsuccessful, or if approved by a judge, any person over 21 years of age who is not a party to the case may attempt service.
- Methods of Service:
- Personal delivery to the defendant or an authorized agent.
- Substitute service by leaving a copy of the documents at the defendant’s residence with someone of suitable age and discretion.
- Service by certified mail, with a return receipt requested (may require prior court approval).
- Service via publication, which is used as a last resort when the defendant’s location is unknown.
- Service via eCourts is allowed for litigants in certain NC counties but is not yet acceptable statewide.
- Timeline for Service: Service must be completed within 60 days from the issuance of the summons. If service fails, the plaintiff may request an alias or pluries summons to extend the service period.
- Proof of Service: The process server must submit an affidavit or return of service to the court, documenting the details of how and when the documents were served.
Service of Process in South Carolina
South Carolina follows Rule 4 of the South Carolina Rules of Civil Procedure for service of process. Here are the key points:
- Who Can Serve: South Carolina allows sheriffs or any person over 18 years of age who is not a party to the action to serve legal documents.
- Methods of Service:
- Personal delivery to the defendant or an authorized representative.
- Substitute service via delivery at the defendant’s usual place of abode, leaving the documents with a person of suitable age and discretion.
- Service by certified mail, but only when the defendant is located out of state.
- Service via publication is available when a defendant cannot be found despite diligent search efforts.
- Service via email to the litigants or their chosen attorneys.
- Timeline for Service: South Carolina requires service to be completed within 120 days of filing the complaint. If service is not completed in time, the case may be dismissed without prejudice unless the plaintiff shows good cause for the delay.
- Proof of Service: The person serving the documents must provide proof of service by filing an affidavit or return of service with the court.
Key Differences Between North Carolina & South Carolina
While both states share similarities in their service of process rules, there are several notable distinctions:
- Who Can Serve:
- North Carolina requires at least an initial attempt by a Sheriff before another party, such as a private process server, can attempt service.
- South Carolina does not require an initial service attempt by a Sheriff, providing much more flexibility.
- Service by Certified Mail:
- North Carolina allows certified mail as a valid method of service for both in-state and out-of-state defendants, however, some NC courts require a judge’s prior approval of this service method for it to be valid.
- South Carolina only permits service via certified mail for out-of-state defendants.
- Electronic Service:
- North Carolina does not allow service via email unless it is specifically authorized in a court order, however, litigants residing in certain NC counties may be served via the eCourts system.
- South Carolina allows service via email for most court matters.
- Timeline for Service:
- North Carolina requires service within 60 days of the summons being issued and allows for extensions via additional summons.
- South Carolina offers a more generous 120-day window but is less agreeable to extensions without evidence of legitimate cause.
Quality Service of Process Across the Carolinas
If you live near the NC/SC border or do business in both states, having a reliable process service agency that knows how to serve process in both states is essential. With a footprint in both North and South Carolina, residents and business owners in the Queen City are often subjected to the laws and rules of both states. Accurate Serve of Charlotte is ready for this challenge! We can tear through the legalese and provide efficient and valid service of process all across the Carolinas, from the coastal plains all the way to the mountains. Start working with us today by calling 704-858-2952 or sending us a work request online.
