Before serving him via publication you must first make a good faith effort to serve him via certified mail or sheriff. Do you have some way to contact him or do you know of a place where he is receiving mail. You need to exhaust all avenues before you are entitled to serve by publication. You will need to prove to the court that you made an effort to serve by some means other than publication. If you exhaust efforts and cannot find a way to serve him via certified mail or sheriff. Then you would serve via publication in the county where he last resided.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
Thank you - I have served him by Certified Mail - it has been returned unable to deliver to addressee. I am contacting the Sheriff’s office today or tomorrow to serve to the only address that I have.
IF he changed his address, he never made me aware of it. I think he paid off all his debt when we had sold our property, not sure what he would necessarily need to receive in the mail that it would be paramount that his mail be forwarded or whatever. Meaning, he may be in a ripe position to feel free to roam or pick up and take off until he finds where he wants to be. He has never liked, as he used to say, being ‘stuck’ in Charlotte, NC.
May I submit my Publication request to the paper now, while the Sheriff process is underway? Or is it best to wait it out…the Certified was not returned because it was refused, it was returned because they were not able to deliver to the addressee.
I am wondering if I can do these 3 service processes consequtively - continue to serve by Certified Mail a couple more times (assuming it won’t be delivered), at the same time request the Sheriff to serve him, at the same time submit Service by Publication to the newspaper?
You must exhaust all methods before trying service via publication. However, you can attempt service via sheriff and certified mail at the same time.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
My STBX and I amicably divided our property/debts between ourselves, and have no children.
In the serving process, if by Certified Mail and Sheriff fail (I suspect he has set off traveling the US for the Summer, as he mentioned the same to the realtor at the closing of the sale of our property back in February 2007 - at the time I thought he was just talkingof what would appear to be fun - he has made no mention to me that he in fact intended to do so). Is it required to serve by Publication? If yes, is there anywhere to obtain what must be printed in the notice?