I served ex via certified mail in February 2021 and I waited for weeks upon weeks for the green card to come back (it was apparently in limbo) Finally received it unsigned (due to Covid the post office was not getting signatures on the green cards) but printed the delivery conformation from the post office. The judge would not allow it when I went to court this month. Said I had to have a signature. I will now have the sheriff serve it.
Since I only had 3 copies of the complaint and summons (the court has one, ex has the one I mailed and I have one) stamped can I send my copy to ex via the sheriff or do I have to get a new one? Is there a time limit from when it was filed with the court to get it served?
Once they are served do I have to wait another 30 days before getting a new court date?
Since so much time has passed, you will need to have a new civil summons issued. At the top of the civil summons, you will need to check to box for the alias and pluries summons ($15 fee). The alias and pluries summons will revive your expired civil summons without you having to file a new action.
You will send the alias and pluries summons along with a file-stamped copy (does not need to be an original) to the sheriff’s office for service.
Once the other side is served, you must wait 30 days for the other side to file an answer before scheduling a court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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