Legal Question in Credit and Debt Law in North Carolina

Defendant is hiding from Sheriff in his backyard to avoid being served NC small claims court summons. If he avoids summons until court, can his wife be served at her work on his behalf? What CAN be done to force him to take summons?


Asked on 7/11/11, 6:34 pm

1 Answer from Attorneys

I don't know what the defendant is doing, but he cannot avoid service. The sheriff does not have to give the complaint personally to the defendant. All he has to do is leave it with ANY adult who is at defendant's residence. For example, if the cleaning lady is at home, the sheriff can leave the complaint with her and the husband is served. If service fails by the sheriff, then the plaintiff will try other means in accord with NC Rule 4.

Frankly, defendant is being foolish. I don't mean to be rude, but I don't know what he thinks he is accomplishing by these childish acts. He should just accept the complaint and present his defense at the hearing.

However, unless the wife is a party to this action, she cannot be served at her place of employment. She can be served with the conplaint at the defendant's home if she is there.

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Answered on 7/11/11, 8:27 pm


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