Q: for Erin Clarey - Service by Publication 4 non-paym of CS

North Carolina Divorce Law Divorce and Separation Answers
1

[color=#FF0000]I would like to ask this question of Erin Clarey specifically since she seems to know the most about Service by Publication.[/color]

Ms. Clarey,

After months of dead ends from CSE, I recently found out you can serve someone by Service by Publication. Ex has not paid CS since Dec. 2010. CSE took over the case in April 2011. Ex was ordered to begin making payments 5/1/11 and also begin making payments toward arrears amount. Ex never paid and is now on the on run. Address given in court in April is not valid, attempt to serve in July was unsuccessful. Case now in the hands of Court Watch who will attempt to find him with their PI. If they cannot, and I doubt they will as he doesn’t work and all leads have been dead ends, HOW do I proceed with Service by Publication? The CSE office seems to either not know about this option or doesn’t want to be bothered. I have a pending court case in Sept. for ex to “show cause” for non-payment but CSE said they would cancel it if ex not found. That is unacceptable if there are still options available.

Do I go to court that day and ask the judge for permission to service by publication? Or do I just run a news paper legal notice myself? I have found a “Affidavit of Service by Publication” on the internet for NC. Do I bring this to court at the show cause hearing or do I allow CSE to cancel the hearing and then I take this Affidavit where?

And how do I find out what to tell the newspaper to print? Shouldn’t CSE know how to do this?

I see examples like this in the paper:
[color=#0000BF]NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA

GUILFORD COUNTY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

11 CVS 4462

Cathy M. Bartee, Zabriya Booker by and through her guardian ad litem, Bowen C. Houff, and Sanai Bartee-Booker by and through her guardian ad litem, Bowen C. Houff,

Plaintiffs,

vs.

Donique Jenkins,

Defendant.

To: Donique Jenkins, 1047 Boston Road, Apt. 201, Greensboro, NC 27407

TAKE NOTICE that a pleading seeking relief against you has been filed in the above entitled action. The nature of the relief being sought is as follows: TO RECOVER COMPENSATORY DAMAGES FOR INJURIES SUSTAINED IN AN AUTOMOBILE COLLISION ON AUGUST 23, 2010. You are required to make defense to such pleading no later than September 19, 2011, said date being 40 days from the date of the first publication of this notice; and upon your failure to do so the party seeking service against you will apply to the Court for the relief sought.

This the 9th day of August, 2011.

D. STUART PUNGER

Attorney for Plaintiffs

285 Executive Park Boulevard

Winston-Salem, North Carolina 27103

Telephone: (336) 765-7777[/color]

Is this what I do?

I know from cell phone records ex is still in our same city therefore I know what newspaper should run it. I don’t care if I have to pay for the running of the notice. That is small dollars compared to what I’ve spent in legal fees in years past.

Unfortunately, I CANNOT afford an attorney to help me with the Service by Publication. I’ve spend years on attorneys fees and since I have not received any CS in 9 months, I only wish to pursue things I can do on my own and a for minimal charges. But I’m diligent and I will call and write letters to anyone and everyone in order to push this case along. I will go to the court house over and over, whatever it takes. Parents should be held accountable for their offspring and my children deserve financial support.

Thank you for any help you can offer! :smiley:

2

Ms. Clarey is not currently answering questions on the forum. Service by publication is permitted under NC Rules of Civil Procedure, Rule 4. Here is the direct statutory language:

Service by publication on party that cannot otherwise be served. – A party that cannot with due diligence be served by personal delivery, registered or certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) may be served by publication. Except in actions involving jurisdiction in rem or quasi in rem as provided in section (k), service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for legal advertising in accordance with G.S. 1‑597 and G.S. 1‑598 and circulated in the area where the party to be served is believed by the serving party to be located, or if there is no reliable information concerning the location of the party then in a newspaper circulated in the county where the action is pending. If the party’s post‑office address is known or can with reasonable diligence be ascertained, there shall be mailed to the party at or immediately prior to the first publication a copy of the notice of service of process by publication. The mailing may be omitted if the post‑office address cannot be ascertained with reasonable diligence. Upon completion of such service there shall be filed with the court an affidavit showing the publication and mailing in accordance with the requirements of G.S. 1‑75.10(a)(2), the circumstances warranting the use of service by publication, and information, if any, regarding the location of the party served.

The notice of service of process by publication shall (i) designate the court in which the action has been commenced and the title of the action, which title may be indicated sufficiently by the name of the first plaintiff and the first defendant; (ii) be directed to the defendant sought to be served; (iii) state either that a pleading seeking relief against the person to be served has been filed or has been required to be filed therein not later than a date specified in the notice; (iv) state the nature of the relief being sought; (v) require the defendant being so served to make defense to such pleading within 40 days after a date stated in the notice, exclusive of such date, which date so stated shall be the date of the first publication of notice, or the date when the complaint is required to be filed, whichever is later, and notify the defendant that upon his failure to do so the party seeking service of process by publication will apply to the court for the relief sought; (vi) in cases of attachment, state the information required by G.S. 1‑440.14; (vii) be subscribed by the party seeking service or his attorney and give the post‑office address of such party or his attorney; and (viii) be substantially in the following form:

NOTICE OF SERVICE OF PROCESS BY PUBLICATION

STATE OF NORTH CAROLINA ____________COUNTY

In the __________________ Court

[Title of action or special proceeding] [To Person to be served]:

Take notice that a pleading seeking relief against you (has been filed) (is required to be filed not later than ___________, ____) in the above‑entitled (action) (special proceeding). The nature of the relief being sought is as follows:

(State nature.)

You are required to make defense to such pleading not later than (__________, ____) and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.

This, the _______ day of ____________, ____

                                                                                       (Attorney) (Party)

                                                                                       (Address)