I Just Need Help With NC Rule 55 Form

The sample form states the defendant ‘was properly served with the Summons and Complaint’. I know where my wife lives, she answered the door for USPS and REFUSED acceptance of the divorce filing. Also, she looks out the window, sees the county sheriff and REFUSES TO BE SERVED divorce papers. She also didn’t respond to the public posting and didn’t appear in court. The judge says HER RIGHTS can’t be denied, even though I’ve done everything I’ve been told to do and she simply plays games…

I can’t say she was properly served even though all legal attempts have been made. Can I just change the form to say all service attempts required by the court were done?What is my next step?

Thanks,

Greg Ahlman

If the judge is not accepting the notice/service by publication, then you need to continue to attempt to get her served.

There are 2 good options that come to mind given the fact that she has dodged service so far:

(1) Serve her at a different address by sheriff’s deputy and notify the sheriff’s office about her tendency to dodge service. She can be served at work or another location. Be sure to provide the sheriff’s office the hours that she is at a location.

(2) Serve her by UPS or FedEx package. Oftentimes people won’t refuse a package (maybe even put the paperwork in a box instead of an envelope). Make sure you request a signature upon delivery and this will count as proper service. Just don’t put your name and address as the sender or it will be obvious to her what the package is and she may refuse acceptance again.


Anna Ayscue

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

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.

Thank you Anna. The clerk of courts also said the clerk could issue the divorce but it then leaves my ‘former’ spouse with the open option to make claims. I don’t really understand that part. I really like the ups idea, I didn’t think about that (with no return address).

Thank You for taking time to share your thoughts,

Greg Ahlman

Even with a clerk’s divorce, you still have to effectuate proper service which is service by sheriff’s deputy, process server, certified mail, or UPS/FedEx package with signature required.


Anna Ayscue

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

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.

I filed all paperwork about 5 months ago, then tried to get her served. Service was never completed. Can I simply UPS those original documents, assuming if she accepts the package, I can then take proof of service to the court and get a court date?

I know this isn’t right, everything you’re sharing, but it is appreciated Anna. Things seem to get really weird when your spouse literally refuses service. And the court doesn’t seem to be very sympathetic…

Thank You,

Greg Ahlman

Unless you have had an alias and pluries summons issued or an endorsement on the civil summons, then your civil summons has expired. You will need to have an alias and pluries civil summons (A&P summons) issued at the clerk’s office before you can attempt service again.

You can get an A&P summons by filling out a new civil summons form but checking the box for alias and pluries summons underneath the document heading. The fee for this is $15. This will “re-activate” your complaint against your wife. If you don’t do this, then the action is deemed expired.

Your A&P summons is good for 60 days. If you still have not served her within 60 days, then you’ll need to get another A&P summons issued every 60 days until your wife can be served.


Anna Ayscue

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

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.