If you’ve filed a lawsuit naming one of your own family members as a defendant, they’ll need to be served with the official court process. While the logistics of serving a family member are the same as anyone else, the situation can feel a bit complicated. In this post, we’ll go over the best practices for serving process to a family member in North or South Carolina.
What the Law Says
In North Carolina, it depends on what type of process you need served. If it’s a subpoena, you will have the option of using a private process server “duly authorized by law” or local law enforcement. If it is any other type of process, local law enforcement must make the first service attempt, after which you may choose to use a private, duly authorized process server. Process served by someone not authorized by law in NC will be deemed invalid and could give the defendant grounds to request that the case be delayed or dismissed. In South Carolina, anyone who is over 18 years old, not an attorney, and not a party to the case may serve the process. Just like in NC, allowing someone to serve process in SC who does not meet the legal requirements will risk the service being deemed invalid.
While the laws in NC and SC don’t address service of process to family members specifically, both states agree that process should not be served by anyone who is a party to the case. Here at Accurate Serve of Charlotte, we’ll take this a step further and say that process should not be served by anyone who has any type of relationship with the person being served, whether it be personal or professional. This avoids any potential conflicts of interest which could disrupt the case’s progression and protects the privacy of all parties involved.
Hire a Professional Process Server
The best path to take if you need to serve process to a family member is to hire a private process server. Not only will a qualified process server meet all federal and state requirements, they will also have in-depth knowledge of the state’s laws and how to most effectively serve the process. While law enforcement is an option for service in both NC and SC, we only recommend using them when required by law since police resources are already stretched so thin.
Conflict-Free Service of Process in NC & SC
Don’t take a chance on serving process to a family member yourself. Even if it’s not expressly prohibited, it creates a conflict of interest that is sure to cause problems down the road. Instead, go with a highly qualified private process server who knows the ins and outs of the legal system in the area. For service of process in the great Charlotte metro area, look no further than the professionals at Accurate Serve. Give us a call at 704-858-2952 or send us a work request online to get started today.
