Proof of Service Question


#1

I filed the first part of my divorce forms with the county, then went to the Post Office. Wife is living in the Philippines. According to the USPS, that country does not do Registered Mail with a signed receipt. What happens if I don’t get a receipt back showing that she signed saying she received it? My next step is showing proof of service.


#2

Well, you might get lucky and she will file an Answer. This will show service. If she doesn’t respond, you will need to look to the NC Rules of Civil Procedure, Rule 4. A signed receipt would’ve been great, but I see that the Philippines doesn’t do that. You may need to ultimately contact a service processer in that country. Here is the section on serving a person in a foreign country:

Service in a foreign country. – Unless otherwise provided by federal law, service upon a defendant, other than an infant or an incompetent person, may be effected in a place not within the United States:

(1) By any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

(2) If there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

a. In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction;

b. As directed by the foreign authority in response to a letter rogatory or letter of request; or

c. Unless prohibited by the law of the foreign country, by

  1.     Delivery to the individual personally of a copy of the summons and the complaint and, upon a corporation, partnership, association or other such entity, by delivery to an officer or a managing or general agent;
    
  2.     Any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
    

(3) By other means not prohibited by international agreement as may be directed by the court.

Service under subdivision (2)c.1. or (3) of this subsection may be made by any person authorized by subsection (a) of this Rule or who is designated by order of the court or by the foreign court.

On request, the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service. Proof of service may be made as prescribed in G.S. 1‑75.10, by the order of the court, or by the law of the foreign country.

Proof of service by mail shall include an affidavit or certificate of addressing and mailing by the clerk of court.