Effectuate service

Hello, I was given a new court date and it says reason is due to effectuate service. The return receipt card does not have my stbx signature when the complaint and summons was mailed it says covid 19. That was a year ago and I have been to court several times with no issue other than he has not showed up or hand over records and was found in contempt and ordered to show cause by the last 2 judges. What should I do to effectuate service as I was told I cannot ap a new Summons to have the sheriff serve him with complaint and summons . Should I get the sheriff in his state to service him with contempt and order to show cause orders and court date will that fix the issue ? Thanks in advance for your time.

The judge is likely concerned that it cannot be proven that the other party personally received the paperwork that needed to be served.

To obtain proper and personal service to the satisfaction of the judge, you can serve the other party by sheriff’s deputy or by FedEx/UPS package with delivery restricted to only the other party and will require an actual signature from the other party.


Anna Ayscue

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

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