Whenever the sheriff may be required to serve or execute any summons, order or judgment, or to do any other act, he shall be bound to do so in like manner as upon process issued to him, and shall be equally liable in all respects for neglect of duty; and if the sheriff be a party, the coroner shall be bound to perform the service, as he is now bound to execute process where the sheriff is a party; and this Chapter relating to sheriffs shall apply to coroners when the sheriff is a party. Sheriffs and coroners may return process by mail. Their liabilities in respect to the execution of process shall be as prescribed by law.
In those counties where the office of coroner has been abolished, or is vacant, and in which process is required to be served or executed on the sheriff, the authority to serve or execute such process shall be vested in the clerk of court; however, the clerk of court is hereby empowered to designate and direct by appropriate order some person to act in his stead to serve or execute the same. (C.C.P., s. 354; Code, s. 598; Rev., s. 2819; C.S., s. 3938; 1971, c. 653, s. 1.)
Notes of Decisions
Mabee v. Onslow Cnty. Sheriff's Dept., 620 S.E.2d 307 (N.C. Ct. App. 2005).
· cites it 10× “Appellants argue that the statute appellees cited as grounds to support their motion to dismiss, N.C. Gen.Stat. § 162-16, was meant to benefit, not burden, a plaintiff attempting service of process upon a sheriff and his deputies.”
Goodwin Ex Rel. Goodwin v. Furr, 25 F. Supp. 2d 713 (M.D.N.C. 1998).
· cites it 11× “However, N.C. Gen. Stat. § 162-16 provides that when the sheriff is a party to an action, the process must be served by the coroner of the county or, if there is no coroner, by the clerk of court or someone designated by the clerk of court.”
Webb v. Price, 708 S.E.2d 94 (N.C. Ct. App. 2011).
· cites it 28× “Because N.C. Gen. Stat. § 162-16 governs only a method of personal service of process upon a sheriff and does not establish the sole method of service of process upon a sheriff, N.”
Treadway v. Diez, 703 S.E.2d 832 (N.C. Ct. App. 2011).
· cites it 6× “See also N.C. Gen.Stat. § 162-16 (2009) (setting forth requirements of service of process when a sheriff is a party).”
Washington v. Cline, 761 S.E.2d 650 (N.C. Ct. App. 2014).
· cites it 2× “2d 307, 308 (2005) (holding that service was defective under N.C. Gen. Stat. § 162-16 because it was executed by an individual other than those vested with authority to do so under the statute, and that this defect could not be cured by actual notice of the proceedings); Fulton…”
Hemond (W.D.N.C. 2026).
· cites it 5× “An individual may be served under state law or (A) personal delivery, (B) service at the individual’s dwelling with someone of suitable age and discretion who resides there or (C) delivery to an agent authorized by appointment or law to receive service of process. Fed. R. Civ.”
Sigmon v. Brown (W.D.N.C. 2021).
· cites it 4× “N.C. Gen. Stat. § 162-16 ; see also Webb v.”
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