When does service of summons cause a delay?

It is only when personal service fails that other substituted means of service can be made. This preference for personal service can cause substantial delay in the proceedings if the defendant cannot be located, if the defendant refuses to receive the summons, or if the defendant later on opposes the manner of service.

What are the different modes of service of summons?

Modes of Service of Summons (1) By personal service; (2) By Substituted Service; (3) By Extraterritorial Service. 8. By Personal Service: (1) by handing a copy of the summons to the defendant in person, or, (2) if the defendant refuses to receive and sign for it, by tendering it to him.

When do I have to return a summons?

RETURN OF SUMMONS: Section 4, Rule 14, provides that the return of summons shall be: within 5 days from completion of service. A copy of the return must be furnished to the plaintiff’s counsel either by mail or personal service. 7. Modes of Service of Summons (1) By personal service; (2) By Substituted Service; (3) By Extraterritorial Service. 8.

Can a judgment be void without service of summons?

This is important because any judgment without proper service of summons is null and void. Service of summons, as a rule, is required to be done personally, i.e., the sheriff must personally serve the summons to the defendant.

Can a summons be served after 60 days?

If service is not made by the time the 60 days passes, the action is still alive, but the summons itself is “dormant” and cannot be validly served until it is revived by an extension. Id.; Dozier v. Crandall, 105 N.C. App. 74, 75−6 (1992).

When do summonses have to be made in North Carolina?

Service of the summons under North Carolina Rule of Civil Procedure 4 (j) and (j1) must be made within 60 days after the summons is issued. Rule 4 (c). If service is not made by the time the 60 days passes, the action is still alive, but the summons itself is “dormant”…

Where do I find return of summons in CM / ECF?

If the summons was returned executed, you must enter the date served. STEP 1 After you have logged in to CM/ECF, click on Civil on the ECF Main Menu. STEP 2 The system will display the Civil Events screen. • Click on Service of Process in the Initial Pleadings and Service section.

When is the deadline to extend a summons?

Rule 4 (d). The deadline to extend the summons is 90 days after issuance of the summons. If a summons has already been extended by either method, it may be extended again and again, and the deadline each time is 90 days after the most recent extension. Id.