Who may serve a summons and complaint in North Carolina?

The sheriff of the county where service is to be made must attempt it first, under Rule 4(a). A private, non-officer server may be used only after the sheriff's return comes back unexecuted, under Rule 4(h1), or the clerk appoints one because no proper officer is available or the officer refuses, neglects, or is a party or interested, under Rule 4(h). That private server must be at least 21, not a party, and not related by blood or marriage to any party or to the person served.

Can I serve my own summons in a North Carolina lawsuit?

No. Rule 4(a) and Rule 4(h1) bar any party to the action from serving initial process, even after the sheriff's attempt fails. Someone who is not a party, is at least 21, and is not related by blood or marriage to any party or to the person served must do it instead.

Does North Carolina have an official proof of service form?

Yes. The Return of Service is printed on the back of the Civil Summons, form AOC-CV-100, which the sheriff completes as a certificate. A server who proves service by registered or certified mail or a designated delivery service instead uses form AOC-CV-105, a notarized affidavit. For personal or substituted service by a private server, no numbered statewide form has been confirmed; that affidavit must state the place, time, and manner of service that North Carolina General Statutes section 1-75.10(a) requires.

Does North Carolina require an affidavit or a declaration to prove service?

A non-officer server's proof of service must be a notarized affidavit under G.S. section 1-75.10(a)(1)b. A sheriff instead signs an unsworn certificate, since a return by a proper officer needs no notarization. An unsworn declaration under penalty of perjury may replace the notarized affidavit only when the proof is filed electronically, under G.S. section 7A-98.

Is ordinary mail alone enough to serve a North Carolina summons?

No. Ordinary first-class mail alone does not serve a summons in North Carolina. Only registered or certified mail, return receipt requested; a designated delivery service, such as FedEx, UPS, or DHL, with a delivery receipt; or USPS signature confirmation satisfy service by mail, under Rule 4(j)(1)c through e.

How long do I have to serve a summons in North Carolina?

The summons must be served within 60 days after it issues, under Rule 4(c). If that window passes, an endorsement or an alias and pluries summons obtained within 90 days of the prior issuance keeps the case alive against an unserved defendant; missing the 90-day window discontinues the action as to that defendant, under Rule 4(d) and (e).

Is there a deadline to file the proof of service in North Carolina?

North Carolina sets no fixed day count to file the proof. Rule 4(c) requires the summons to be returned to the clerk immediately once it is served on every named party, but a late return does not invalidate the summons. As a practical matter, the proof must be in the file before the court date.

How do I prove service of a motion or other later paper in a North Carolina case?

Later papers are served on a party's attorney of record, or the party if unrepresented, by delivery, mail, fax, or email under Rule 5(b). Every such paper needs a Rule 5(b1) certificate of service showing the date and method of service and the name and address of each person served. Unlike the summons, any party may serve and sign this certificate.

Does this North Carolina proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

North Carolina Proof of Service

North Carolina requires the sheriff to attempt service of a summons first, and a private server may step in only after the sheriff's return comes back unexecuted or the clerk appoints one; that private server must be at least 21, not a party, and not related by blood or marriage to any party or to the person served.

Find out where you stand in North Carolina

Where are you with service?

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Introduction

North Carolina requires the sheriff to attempt service of a summons first (Rule 4(a)). A private server may serve only after the sheriff's return comes back unexecuted (Rule 4(h1)) or the clerk appoints one (Rule 4(h)); that server must be at least 21, not a party, and not related by blood or marriage to any party or to the person served. A party can never serve their own summons. The Return of Service is printed on the back of the summons, form AOC-CV-100, completed by the sheriff, no notary needed. A private server instead swears a notarized affidavit under G.S. section 1-75.10(a)(1)b; for registered or certified mail or a designated delivery service, that affidavit goes on form AOC-CV-105. A declaration under penalty of perjury substitutes only for electronically filed proof (G.S. section 7A-98). Without personal delivery, copies may be left at the defendant's dwelling with a resident of suitable age and discretion. Ordinary first-class mail alone never proves service; only registered or certified mail return receipt requested, a designated delivery service with a receipt, or USPS signature confirmation qualify (Rule 4(j)(1)). Serve within 60 days after the summons issues (Rule 4(c)); missing it requires an endorsement or alias and pluries summons within 90 days to keep the case alive. No fixed day count exists to file the proof, but it must be in the file before the court date. Later papers use a Rule 5(b1) certificate of service, which any party may sign. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available.

Key Things to Know

1
North Carolina requires the sheriff to attempt service of a summons first (Rule 4(a)); a private server may serve only after the sheriff's return comes back unexecuted (Rule 4(h1)) or the clerk appoints one (Rule 4(h)), and must then be at least 21, not a party, and not related by blood or marriage to any party or to the person served. A party can never serve their own summons. The Return of Service is printed on the back of the summons, form AOC-CV-100.
2
Ordinary first-class mail alone does not serve a summons. Only registered or certified mail, return receipt requested; a designated delivery service, such as FedEx, UPS, or DHL, with a delivery receipt; or USPS signature confirmation satisfy service by mail (Rule 4(j)(1)c through e). Registered or certified mail and designated delivery service are proven on form AOC-CV-105.
3
A non-officer server's proof must be a notarized affidavit under G.S. section 1-75.10(a)(1)b; a sheriff instead signs an unsworn certificate. An unsworn declaration under penalty of perjury may replace the affidavit only when the proof is filed electronically, under G.S. section 7A-98.
4
Without personal delivery, the summons and complaint may be left at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion who resides there (Rule 4(j)(1)a); North Carolina sets no follow-up mailing requirement for this method.
5
The summons must be served within 60 days after it issues (Rule 4(c)). If that window passes, an endorsement or an alias and pluries summons obtained within 90 days of the prior issuance keeps the case alive against an unserved defendant; missing the 90-day window discontinues the action as to that defendant (Rule 4(d), (e)).
6
North Carolina sets no fixed day count to file the proof of service; Rule 4(c) requires the summons be returned to the clerk immediately once served, but a late return does not invalidate the summons. As a practical matter, the proof must be in the file before the court date.
7
Later papers such as motions and notices are served on a party's attorney of record, or the party if unrepresented, by delivery, mail, fax, or email under Rule 5(b), and every paper needs a Rule 5(b1) certificate of service showing the date and method; unlike the summons, any party may serve and sign this certificate.

Key decisions before you file

Before you file a Proof of Service in North Carolina, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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PROOF OF SERVICE

North Carolina prints the Return of Service on the back (Side Two) of the Civil Summons, form AOC-CV-100, completed by the sheriff. A server who proves service by registered or certified mail or a designated delivery service instead uses form AOC-CV-105, a notarized affidavit. If the court requires one of these forms, that form controls over this document.

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

[COUNTY] COUNTY [NAME OF COURT] FILE NO. [FILE NUMBER]

RETURN OF SERVICE / AFFIDAVIT OF SERVICE

Server type (check one):

[ ] OFFICER. I am the sheriff or a deputy sheriff, and this return is my officer's certificate under G.S. section 1-75.10(a)(1)a.

[ ] NON-OFFICER. Being sworn, I state that I am at least 21 years of age, not a party to this action, and not related by blood or marriage to any party or to the person served, as North Carolina General Statutes section 1A-1, Rule 4(a) requires. [IF APPLICABLE: SERVICE WITHIN NORTH CAROLINA] This summons was returned unexecuted by the sheriff under Rule 4(h1), or the clerk appointed me to serve under Rule 4(h), before I attempted service. I knew the person served to be the party named in the summons, under G.S. section 1-75.10(a)(1)b.

Papers served: [LIST OF PAPERS SERVED, INCLUDING THE SUMMONS AND COMPLAINT].

Person served: [NAME OF PERSON SERVED, AND TITLE OR CAPACITY IF SERVED ON BEHALF OF AN ENTITY].

Method of service (check one):

[ ] PERSONAL DELIVERY. I delivered copies of the summons and complaint to the person named above on [DATE] at [TIME], at [ADDRESS], under Rule 4(j)(1)a.

[ ] SUBSTITUTED SERVICE. I left copies of the summons and complaint on [DATE] at [TIME], at [ADDRESS], the defendant's dwelling house or usual place of abode, with [NAME OF PERSON OF SUITABLE AGE AND DISCRETION], who resides there, under Rule 4(j)(1)a.

[ ] REGISTERED OR CERTIFIED MAIL. I deposited copies of the summons and complaint in the mail by registered or certified mail, return receipt requested, addressed to [ADDRESS], on [DATE OF MAILING]. The papers were in fact received, as shown by the signed return receipt, which is attached, under Rule 4(j)(1)c and G.S. section 1-75.10(a)(4).

[ ] DESIGNATED DELIVERY SERVICE. I deposited copies of the summons and complaint with [NAME OF DESIGNATED DELIVERY SERVICE], addressed to [ADDRESS], on [DATE OF MAILING]. The delivery receipt is attached, under Rule 4(j)(1)d.

[ ] USPS SIGNATURE CONFIRMATION. I deposited copies of the summons and complaint in the mail with USPS signature confirmation, addressed to [ADDRESS], on [DATE OF MAILING]. The signature confirmation record is attached, under Rule 4(j)(1)e.

Server information: Name: [SERVER NAME] Address: [SERVER ADDRESS] Capacity: [SHERIFF, DEPUTY SHERIFF, PRIVATE SERVER AFTER THE SHERIFF'S RETURN CAME BACK UNEXECUTED, OR COURT-APPOINTED PRIVATE SERVER]

NOTARY (NON-OFFICER SERVER). Sworn to and subscribed before me this [DATE], by [SERVER NAME].

[SIGNATURE OF NOTARY PUBLIC] Notary Public, [COUNTY] County, North Carolina My commission expires: [DATE]

[SIGNATURE] [SERVER NAME] [DATE]

CERTIFICATE OF SERVICE OF LATER PAPERS

I certify that on [DATE], I served a copy of [TITLE OF LATER PAPER] on [NAME OF ATTORNEY OF RECORD, OR PARTY IF UNREPRESENTED] by [DELIVERY, MAIL, FAX, OR EMAIL TO ADDRESS OF RECORD], at [ADDRESS, FAX NUMBER, OR EMAIL ADDRESS], under North Carolina General Statutes section 1A-1, Rule 5(b1).

[SIGNATURE] [NAME] [DATE]

North Carolina Requirements for Proof of Service

Sheriff Must Attempt Service First
The sheriff of the county where service is to be made must attempt service of the summons first; a private server may be used only after the sheriff's return comes back unexecuted or the clerk appoints one because no proper officer is available or the officer refuses, neglects, or is a party or interested (Rule 4(a), (h), (h1)).
Private Server Must Be 21, a Non-Party, and Unrelated
A private, non-officer server must be at least 21 years old, not a party to the action, and not related by blood or marriage to any party or to the person served (Rule 4(a)).
Party Barred From Serving the Summons
A party to the action can never serve their own summons and complaint, even after a failed sheriff attempt; Rule 4(a) and Rule 4(h1) require a non-party server (Rule 4(a), (h1)).
Return of Service Printed on the AOC-CV-100 Summons
The Return of Service is printed on the back (Side Two) of the Civil Summons, form AOC-CV-100, which the sheriff completes and returns to the clerk as a certificate, without notarization.
AOC-CV-105 Affidavit for Mail or Designated Delivery Proof
A server proving service by registered or certified mail or a designated delivery service uses form AOC-CV-105, a notarized affidavit with the return receipt or delivery record attached.
Notarized Affidavit Required Unless Filed Electronically
A non-officer server's proof of service must be a notarized affidavit under G.S. section 1-75.10(a)(1)b; an unsworn declaration under penalty of perjury may replace it only when the proof is filed electronically, under G.S. section 7A-98.
Registered or Certified Mail, Designated Delivery, or Signature Confirmation Only
Ordinary first-class mail alone does not serve a summons; only registered or certified mail, return receipt requested, a designated delivery service with a delivery receipt, or USPS signature confirmation satisfy service by mail (Rule 4(j)(1)c through e).
60-Day Deadline to Serve With a 90-Day Renewal Chain
The summons must be served within 60 days after it issues; missing that deadline requires an endorsement or an alias and pluries summons within 90 days of the prior issuance to keep the case alive against an unserved defendant (Rule 4(c), (d), (e)).
Certificate of Service Required for Later Papers
Every pleading or paper other than initial process needs a Rule 5(b1) certificate of service showing the date and method of service and the name and address of each person served; unlike the summons, any party may serve and sign it.

Find out where you stand in North Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

North Carolina Requirements for Proof of Service

Sheriff Must Attempt Service First

Private Server Must Be 21, a Non-Party, and Unrelated

Party Barred From Serving the Summons

Return of Service Printed on the AOC-CV-100 Summons

AOC-CV-105 Affidavit for Mail or Designated Delivery Proof

Notarized Affidavit Required Unless Filed Electronically

Registered or Certified Mail, Designated Delivery, or Signature Confirmation Only

60-Day Deadline to Serve With a 90-Day Renewal Chain

Certificate of Service Required for Later Papers

Frequently Asked Questions