In the legal world, properly notifying someone of a lawsuit is crucial. The case cannot continue without notice to the other side. This notification, called service of process, ensures the defendant has a chance to defend themselves. But what happens when you can\’t locate the defendant? That\’s where service by publication comes in.
What is Service by Publication?
Service by publication is a last resort method for notifying someone of a lawsuit in North Carolina law. It involves publishing a legal notice in a newspaper instead of personally serving the defendant with a summons and complaint.
When is it Used?
North Carolina courts only allow service by publication if you\’ve made a diligent effort to find the defendant\’s address and cannot locate them through traditional means like personal service or certified mail. This \”due diligence\” typically involves attempting to find the defendant at their last known address, searching public records, and inquiring with family or friends.
How Does it Work?
The specific requirements for service by publication are outlined in North Carolina Rule 4 [North Carolina General Statutes Chapter 1A Article 2]. Here\’s a basic breakdown:
- The notice must be published once a week for three consecutive weeks in a qualified newspaper. This means a newspaper authorized to publish legal advertisements in the area where the defendant is believed to be located. If their location is unknown, the notice is published in the county where the lawsuit is filed.
- The notice should contain specific information, including the nature of the lawsuit, the court where it\’s filed, and a deadline for the defendant to respond.
Important Considerations
Service by publication has limitations. It\’s not foolproof, and the court may require additional steps to ensure the defendant receives actual notice. Here are some things to keep in mind:
- It may not be effective. There\’s a chance the defendant won\’t see the published notice, especially if they\’ve moved or don\’t read the newspaper used.
- It can be challenged. If the defendant shows the court they weren\’t properly served, the case could be delayed, dismissed, or even set-aside.
Seek Legal Guidance
Service by publication is a complex legal procedure. If you\’re considering using it in your North Carolina lawsuit, consulting with an attorney is essential. They can advise you on whether it\’s the right approach for your situation and ensure the process is followed correctly. The attorneys at Ley Law know how to help you obtain service by publication. Call 252-612-0007 for a consult.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult with a lawyer concerning your specific situation.
