N.C. Gen. Stat. § § 42-29

Service of summons.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/8/2026North CarolinaSummary Process

Operative Text

N.C. Gen. Stat. § § 42-29
The officer receiving the summons shall mail a copy of the summons and complaint to the defendant no later than the end of the next business day or as soon as practicable at the defendant's last known address in a stamped addressed envelope provided by the plaintiff to the action. The officer may, within five days of the issuance of the summons, attempt to telephone the defendant requesting that the defendant either personally visit the officer to accept service, or schedule an appointment for the defendant to receive delivery of service from the officer. If the officer does not attempt to telephone the defendant or the attempt is unsuccessful or does not result in service to the defendant, the officer shall make at least one visit to the place of abode of the defendant within five days of the issuance of the summons, but at least two days prior to the day the defendant is required to appear to answer the complaint, excluding legal holidays, at a time reasonably calculated to find the defendant at the place of abode to attempt personal delivery of service. He then shall deliver a copy of the summons together with a copy of the complaint to the defendant, or leave copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. If such service cannot be made the officer shall affix copies to some conspicuous part of the premises claimed and make due return showing compliance with this section. (1868-9, c. 156, s. 21; Code, s. 1768; Rev., s. 2003; C.S., s. 2368; 1973, c. 87; 1983, c. 332, s. 1; 1985, c. 102; 1995, c. 460, s. 5; 2009-246, s. 1.)
Source: Legislative text reproduced verbatim
Plain English

North Carolina General Statute § 42-29 establishes the procedure by which a law enforcement officer must serve a summons and complaint on a defendant in a summary ejectment (eviction) case. The officer is required to mail a copy of the documents promptly, attempt personal delivery within five days of the summons being issued, and—if personal service cannot be completed—may leave copies with a suitable resident at the defendant's home or post them conspicuously on the premises. The statute sets specific timing requirements at each step to ensure the defendant has reasonable notice before any required court appearance.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under N.C. Gen. Stat. § 42-29, landlords initiating a summary ejectment action are responsible for providing the serving officer with a stamped, addressed envelope so that mailed notice can go out promptly. Compliant operators ensure the defendant's last known address on file is accurate and current, since the mailing and personal service attempts depend on that information. Keeping thorough records of the tenant's address and any address updates supports a smoother service process and helps avoid procedural delays in the case.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.C. Gen. Stat. § 42-29 gives tenants the right to receive proper notice of an eviction summons and complaint through specific, legally required steps—including mailed notice, an attempted phone contact or in-person visit, and, if necessary, posting on the premises. If a tenant believes service was not carried out in accordance with these requirements, that procedural issue may be raised as part of the court proceedings. Tenants who have questions about whether service was properly completed can consult a local tenant-rights organization or legal aid office for general information about their options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 8, 2026
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Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

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