Service Question


#1

If the post office is unable to deliver the certified mail complaint within a certain period of time, then it will be returned to you as undelivered. After that period, you should try to serve her via sheriff.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

Hello,

Today I filed for an uncontested divorce. I chose to serve my estranged spouse via certified mail. That leads me to a question. What if the post office is unsuccessful in delivering the summons because she is never home or chooses to avoid this kind of service. How long should I wait before going back and asking the Sheriff’s Office to make the delivery? Could the fact that we live in different counties complicate the matter? I’d like to get a court date ASAP.

Thanks