42-29. Service of summons.
The officer receiving the summons shall mail a copy of the summons and complaint to the defendant no later than the end of the next business day or as soon as practicable at the defendant's last known address in a stamped addressed envelope provided by the plaintiff to the action. The officer may, within five days of the issuance of the summons, attempt to telephone the defendant requesting that the defendant either personally visit the officer to accept service, or schedule an appointment for the defendant to receive delivery of service from the officer. If the officer does not attempt to telephone the defendant or the attempt is unsuccessful or does not result in service to the defendant, the officer shall make at least one visit to the place of abode of the defendant within five days of the issuance of the summons, but at least two days prior to the day the defendant is required to appear to answer the complaint, excluding legal holidays, at a time reasonably calculated to find the defendant at the place of abode to attempt personal delivery of service. He then shall deliver a copy of the summons together with a copy of the complaint to the defendant, or leave copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. If such service cannot be made the officer shall affix copies to some conspicuous part of the premises claimed and make due return showing compliance with this section. (1868-9, c. 156, s. 21; Code, s. 1768; Rev., s. 2003; C.S., s. 2368; 1973, c. 87; 1983, c. 332, s. 1; 1985, c. 102; 1995, c. 460, s. 5; 2009-246, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 3 - Summary Ejectment.
§ 42-26 - Tenant holding over may be dispossessed in certain cases.
§ 42-27 - LocalRefusal to perform contract ground for dispossession.
§ 42-28 - Summons issued by clerk.
§ 42-30 - Judgment by confession, where plaintiff has proved case, or failure to appear.
§ 42-31 - Trial by magistrate.
§ 42-32 - Damages assessed to trial.
§ 42-33 - Rent and costs tendered by tenant.
§ 42-34 - Undertaking on appeal and order staying execution.
§ 42-34.1 - Rent pending execution of judgment; post bond pending appeal.
§ 42-35 - Restitution of tenant, if case quashed, etc., on appeal.
§ 42-36 - Damages to tenant for dispossession, if proceedings quashed, etc.
§ 42-36.1 - Lease or rental of manufactured homes.
§ 42-36.1A - Judgments for possession more than 30 days old.