Summons

North Carolina Divorce Law Divorce and Separation Answers
1

The sheriff cannot serve you outside the state. Generally you can’t make arrangements to be served in another state. You may be able to contact a criminal attorney and get them to accept the summons on your behalf.

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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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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

I moved to FL in mid-August. Several weeks ago, I received a call from a sheriff’s officer who was trying to serve a criminal summons. The sheriff’s officer got my # from the for rent sign in front of my house. My ex’s new wife stated I was communicating threats and that is what the summons is for. I told the officer I did not live there anymore and had moved to FL two months prior. I asked what I was supposed to do now. He said he wasn’t coming to NC and that the next time I was there, I needed to stop by the Mecklenburg County sheriff’s office and have myself served. I told him I did not plan to be back in NC until probably Christmas and he said it was fine.

Here is my question - I really want to have this over with. I didn’t do anything. It is the new wife who is harrassing me. I don’t know why she used my address in NC since she knew where I was.

I don’t plan to be back to NC until Christmas, but I don’t want this hanging over my head. Why do I have to come to NC to be served? Shouldn’t the summons be served on me here in FL?

If I call the sheriff’s department in Mecklenburg, can I ask for them to send the summons to Orange County and have it served on me?