Acceptance of Service in Wake County?


#1

I’m getting divorced in Wake County. My ex lives in Florida but will be here in a week so that we can get the divorce finalized. Obviously I can’t send the summons and complaint to him in FL if he is here so I wanted to know if Wake County allows for me to hand them to him if he signs an Acceptance of Service? If not can I fedex them to FL and use the electronic delivery notice emailed to me as proof of delivery? Does he need to sign anything if it is Fedex’d to him? I just need clarification on the allowable service options. He works all the time in various locations and finding him to have them served via sheriff or certified mail is not an option.

Please help!!!


#2

Yes, you can hand him the complaint and summons if he signs an Acceptance of Service. Note that the Acceptance of Service needs to have his signature notarized.

If you cannot arrange this, you can FedEx the complaint and summons to him, but you will need to make sure that you receive delivery confirmation (emailed is fine) with his signature, just like you would if you were to send it certified or registered mail with return receipt requested via USPS.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

He signed the Acceptance of Service and Waiver of Notice of Hearing
yesterday. Do I have to wait 30 days to schedule the court date or since
he signed the waiver of notice of Hearing can I go in and schedule it now?
The clerk at the courts office was not very clear and of course won’t
clarify now that I’m asking.

I appreciate the help. He doesn’t have a job so I’m doing this on my own to
save money.


#4

He needs to have signed a waiver of his right to answer and respond to the complaint against him. If the waiver of notice of hearing that he signed includes this language, then it would be acceptable to schedule the court date without waiting the 30 days.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.