(a) Where the defendant appears in the action and challenges the service of the summons upon him, proof of the service of process shall be as follows:
(1) Personal Service or Substituted Personal Service. -
a. If served by the sheriff of the county or the lawful process officer in this State where the defendant was found, by the officer's certificate thereof, showing place, time and manner of service; or
b. If served by any other person, his affidavit thereof, showing place, time and manner of service; his qualifications to make service under Rule 4(a) or Rule 4(j3) of the Rules of Civil Procedure; that he knew the person served to be the party mentioned in the summons and delivered to and left with him a copy; and if the defendant was not personally served, he shall state in such affidavit when, where and with whom such copy was left. If such service is made outside this State, the proof thereof may in the alternative be made in accordance with the law of the place where such service is made.
(2) Service of Publication. - In the case of publication, by the affidavit of the publisher or printer, or his foreman or principal clerk, showing the same and specifying the date of the first and last publication, and an affidavit of mailing of a copy of the complaint or notice, as the case may require, made by the person who mailed the same.
(3) Written Admission of Defendant. - The written admission of the defendant, whose signature or the subscription of whose name to such admission shall be presumptive evidence of genuineness.
(4) Service by Registered or Certified Mail. - In the case of service by registered or certified mail, by affidavit of the serving party averring:
a. That a copy of the summons and complaint was deposited in the post office for mailing by registered or certified mail, return receipt requested;
b. That it was in fact received as evidenced by the attached registry receipt or other evidence satisfactory to the court of delivery to the addressee; and
c. That the genuine receipt or other evidence of delivery is attached.
(5) Service by Designated Delivery Service. - In the case of service by designated delivery service, by affidavit of the serving party averring all of the following:
a. That a copy of the summons and complaint was deposited with a designated delivery service as authorized under G.S. 1A-1, Rule 4, delivery receipt requested.
b. That it was in fact received as evidenced by the attached delivery receipt or other evidence satisfactory to the court of delivery to the addressee.
c. That the delivery receipt or other evidence of delivery is attached.
(6) Service by Signature Confirmation. - In the case of service by signature confirmation as provided by the United States Postal Service, by affidavit of the serving party averring all of the following:
a. That a copy of the summons and complaint was deposited in the post office for mailing by signature confirmation.
b. That it was in fact received as evidenced by the attached proof of delivery obtained from the United States Postal Service, or other evidence satisfactory to the court of delivery to the addressee.
c. That the copy of the signature confirmation or other evidence of delivery is attached.
(b) As used in subdivision (5) of subsection (a) of this section, "delivery receipt" includes a facsimile receipt and a printout of an electronic receipt. (1967, c. 954, s. 2; 1969, c. 895, s. 14; 1973, c. 643; 1979, c. 525, s. 2; 1981, c. 540, ss. 9, 10; 2001-379, s. 2.3; 2005-221, s. 3; 2008-36, s. 4.)
§ 1-75.11. Judgment against nonappearing defendant, proof of jurisdiction.
Where a defendant fails to appear in the action within apt time the court shall, before entering a judgment against such defendant, require proof of service of the summons in the manner required by G.S. 1-75.10 and, in addition, shall require further proof as follows:
(1) Where Personal Jurisdiction Is Claimed Over the Defendant. - Where a personal claim is made against the defendant, the court shall require proof by affidavit or other evidence, to be made and filed, of the existence of any fact not shown by verified complaint which is needed to establish grounds for personal jurisdiction over the defendant. The court may require such additional proof as the interests of justice require.
(2) Where Jurisdiction Is in Rem or Quasi in Rem. - Where no personal claim is made against the defendant, the court shall require such proofs, by affidavit or otherwise, as are necessary to show that the court's jurisdiction has been invoked over the status, property or thing which is the subject of the action. The court may require such additional proof as the interests of justice require. (1967, c. 954, s. 2.)
Notes of Decisions
Cited in
73
cases (
12 in the last 5 years), 1971–2025 · leading case:
Washington v. Cline, 761 S.E.2d 650 (N.C. Ct. App. 2014).
Washington v. Cline, 761 S.E.2d 650 (N.C. Ct. App. 2014).
· cites it 42× “N.C. Gen. Stat. § 1-75.10 (a)(5)(b). Further, when construing a statute, “the entire sentence, section, or statute must be taken into consideration, and every word must be given its proper effect and weight.”
Granville Med. Ctr. v. Tipton, 586 S.E.2d 791 (N.C. Ct. App. 2003).
· cites it 10× “§ 1A-1, Rule 4, and N.C.G.S. § 1-75.10 (2001). Rule 4 provides in pertinent part that service may be effected on an individual by “mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and…”
Lemon v. Combs, 596 S.E.2d 344 (N.C. Ct. App. 2004).
· cites it 14× “Combs contends (1) he was not served with the Complaint in a manner required by N.C. Gen.Stat. § 1-75.10 and (2) there was insufficient and inadequate proof establishing personal jurisdiction.”
Fender v. Deaton, 503 S.E.2d 707 (N.C. Ct. App. 1998).
· cites it 13× “Thereafter, plaintiffs’ attorney filed an affidavit of service pursuant to N.C. Gen. Stat. § 1-75.10 (4) (1996), averring that a copy of the summons and complaint was deposited in the United States Post Office for mailing by certified mail, return receipt requested, and…”
Lane v. Winn-Dixie Charlotte, Inc., 609 S.E.2d 456 (N.C. Ct. App. 2005).
· cites it 11× “o strike defendant’s affidavit of Cannon as Rule 6(d) required that the affidavit be filed with the motion to dismiss; (III) granting defendant’s motion to dismiss as the defenses asserted in the motion were waived pursuant to Rule 12(h)(1); and (IV) granting defendant’s motion…”
Moore v. Cox, 341 F. Supp. 2d 570 (M.D.N.C. 2004).
· cites it 8× “” N.C. Gen.Stat. § 1-75.10(4) (2003). The filing of an affidavit consistent with N.”
New Hanover Cnty. v. Greenfield, 723 S.E.2d 790 (N.C. Ct. App. 2012).
· cites it 12× “N.C. Gen. Stat. § 1-75.10 (a)(1)(b). That affidavit must show, among other things, the process server's "qualifications to make service under Rule 4(a) or Rule 4(j 3) of the Rules of Civil Procedure.”
Carpenter v. Agee, 613 S.E.2d 735 (N.C. Ct. App. 2005).
· cites it 12× “Once service by certified mail is complete, the serving party may make proof of service by filing an affidavit in accordance with N.C. Gen.Stat. § 1-75.10. N.C. Gen.Stat. § 1A-1, Rule 4(j2)(2) (2003).”
NationStar Mortg. LLC v. Curry, 822 S.E.2d 122 (N.C. Ct. App. 2018).
· cites it 8× “Once service by certified mail is complete, the serving party may make proof of service by filing an affidavit in accordance with N.C. Gen. Stat. § 1-75.10 . N.C. Gen. Stat.”
Hassell v. Wilson, 272 S.E.2d 77 (N.C. 1980).
· cites it 6× “Furthermore, G.S. 1-75.10 prescribes how proof of service of process shall be made when service is challenged.”
Sloan v. Inolife Techs., Inc., 2019 NCBC 3 (N.C. Bus. Ct. 2019).
· cites it 17× “Lanham and Berthold’s primary dispute concerns the interpretation of the phrases “delivering to the addressee” in Rule 4(j)(1)(c) and “delivery to the addressee” in section 1-75.”
Taylor v. Brinkman, 425 S.E.2d 429 (N.C. Ct. App. 1993).
· cites it 6× “In these two situations, the plaintiff is required to show proof of service by filing with the court an affidavit consistent with N.C.G.S. § 1-75.10(4). Id.; N.C.G.S. § 1-75.”
— N.C. Gen. Stat. § 1-75.10(1) — 2 cases
Lemon v. Combs, 596 S.E.2d 344 (N.C. Ct. App. 2004).
“Combs contends (1) he was not served with the Complaint in a manner required by N.C. Gen.Stat. § 1-75.10 and (2) there was insufficient and inadequate proof establishing personal jurisdiction.”
— N.C. Gen. Stat. § 1-75.10(1)(a) — 2 cases
— N.C. Gen. Stat. § 1-75.10(2) — 11 cases
— N.C. Gen. Stat. § 1-75.10(4) — 15 cases
Granville Med. Ctr. v. Tipton, 586 S.E.2d 791 (N.C. Ct. App. 2003).
“§ 1A-1, Rule 4, and N.C.G.S. § 1-75.10 (2001). Rule 4 provides in pertinent part that service may be effected on an individual by “mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and…”
Moore v. Cox, 341 F. Supp. 2d 570 (M.D.N.C. 2004).
“” N.C. Gen.Stat. § 1-75.10(4) (2003). The filing of an affidavit consistent with N.”
Washington v. Cline, 761 S.E.2d 650 (N.C. Ct. App. 2014).
“N.C. Gen. Stat. § 1-75.10 (a)(5)(b). Further, when construing a statute, “the entire sentence, section, or statute must be taken into consideration, and every word must be given its proper effect and weight.”
Taylor v. Brinkman, 425 S.E.2d 429 (N.C. Ct. App. 1993).
“In these two situations, the plaintiff is required to show proof of service by filing with the court an affidavit consistent with N.C.G.S. § 1-75.10(4). Id.; N.C.G.S. § 1-75.”
Fender v. Deaton, 503 S.E.2d 707 (N.C. Ct. App. 1998).
“Thereafter, plaintiffs’ attorney filed an affidavit of service pursuant to N.C. Gen. Stat. § 1-75.10 (4) (1996), averring that a copy of the summons and complaint was deposited in the United States Post Office for mailing by certified mail, return receipt requested, and…”
— N.C. Gen. Stat. § 1-75.10(5) — 2 cases
Washington v. Cline, 761 S.E.2d 650 (N.C. Ct. App. 2014).
“N.C. Gen. Stat. § 1-75.10 (a)(5)(b). Further, when construing a statute, “the entire sentence, section, or statute must be taken into consideration, and every word must be given its proper effect and weight.”
Sloan v. Inolife Techs., Inc., 2019 NCBC 3 (N.C. Bus. Ct. 2019).
“Lanham and Berthold’s primary dispute concerns the interpretation of the phrases “delivering to the addressee” in Rule 4(j)(1)(c) and “delivery to the addressee” in section 1-75.”
— N.C. Gen. Stat. § 1-75.10(a) — 2 cases
— N.C. Gen. Stat. § 1-75.10(a)(1) — 2 cases
New Hanover Cnty. v. Greenfield, 723 S.E.2d 790 (N.C. Ct. App. 2012).
“N.C. Gen. Stat. § 1-75.10 (a)(1)(b). That affidavit must show, among other things, the process server's "qualifications to make service under Rule 4(a) or Rule 4(j 3) of the Rules of Civil Procedure.”
— N.C. Gen. Stat. § 1-75.10(a)(1)(b) — 1 case
— N.C. Gen. Stat. § 1-75.10(a)(2) — 5 cases
— N.C. Gen. Stat. § 1-75.10(a)(4) — 5 cases
Sloan v. Inolife Techs., Inc., 2019 NCBC 3 (N.C. Bus. Ct. 2019).
“Lanham and Berthold’s primary dispute concerns the interpretation of the phrases “delivering to the addressee” in Rule 4(j)(1)(c) and “delivery to the addressee” in section 1-75.”
— N.C. Gen. Stat. § 1-75.10(a)(4)(a) — 1 case
— N.C. Gen. Stat. § 1-75.10(a)(4)(b) — 1 case
— N.C. Gen. Stat. § 1-75.10(a)(5) — 1 case
Sloan v. Inolife Techs., Inc., 2019 NCBC 3 (N.C. Bus. Ct. 2019).
“Lanham and Berthold’s primary dispute concerns the interpretation of the phrases “delivering to the addressee” in Rule 4(j)(1)(c) and “delivery to the addressee” in section 1-75.”
— N.C. Gen. Stat. § 1-75.10(b) — 1 case
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