[Your Name] [Your Address] [City, State, ZIP] [Date] Clerk of the Court [County Courthouse Address] [City, State, ZIP] Subject: Letter Transmitting Summons by Publication — [Case Number] Dear Clerk of the Court, I am writing to request the issuance of a Summons by Publication in [County Name], North Carolina, in the matter of [Plaintiff's Name] v. [Defendant's Name], [Case Number]. Due to the inability to locate [Defendant's Name] at their last known address, I am seeking alternative means to serve them with the necessary legal documentation. To initiate this process, I kindly request that you prepare and issue the appropriate Summons by Publication on behalf of the Plaintiff. Enclosed with this letter, you will find the necessary documents supporting this request, including the Affidavit of Reasonable Diligence. In accordance with the North Carolina General Statutes, Section 1A-1, Rule 4(j)(1), and Rule 4(j)(2), the Summons by Publication should be published in a newspaper of general circulation in [County Name], North Carolina, once a week for four consecutive weeks. The publication should contain essential information regarding the nature of the lawsuit, the parties involved, and the necessary actions to be taken by the Defendant. In compliance with the statutes, I have made diligent efforts to locate [Defendant's Name] through various means, including: 1. Conducting thorough searches of public records, telephone directories, and other available records relevant to their current or last known address. 2. Reaching out to known relatives, friends, and associates of the Defendant to acquire any updated information regarding their whereabouts. 3. Contacting the United States Postal Service to obtain forwarding address information for [Defendant's Name]. 4. Utilizing internet resources, such as social media platforms and online search engines, to search for any indications of [Defendant's Name]'s current residence. Despite my extensive efforts, I have been unable to locate [Defendant's Name]. Hence, I firmly believe that publishing a Summons by Publication is necessary to provide them with sufficient notice of the pending legal action. Enclosed with this letter, please find the necessary fee for filing the Summons by Publication as required by the court. Should there be any additional forms or documents required, please inform me promptly, and I will fulfill the necessary requirements. If you require any further information or clarification, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I appreciate your prompt attention to this matter. Thank you for your assistance and cooperation. Sincerely, [Your Name]
North Carolina Sample Letter for Letter transmitting Summons by Publication
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How to fill out North Carolina Sample Letter For Letter Transmitting Summons By Publication?
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How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
North Carolina Process Serving Requirements The complaint and summons shall be delivered to some proper person for service. In this State, such proper person shall be the sheriff of the county where service is to be made or some other person duly authorized by law to serve summons.
If a request for admission is served with the summons, the summons shall so state. (c) Summons ? Return. ? Personal service or substituted personal service of summons as prescribed by Rules 4(j) and (j1) must be made within 60 days after the date of the issuance of summons.
Service may also be made on the party by electronic mail (e-mail) if the party has consented to receive e-mail service in the case at a particular e-mail address, and a copy of the consent is filed with the court by any party. Such e-mail must be sent by P.M. Eastern Time on a regular business day.
Except in actions involving jurisdiction in rem or quasi in rem as provided in section (k), service of process by publication shall consist of publishing a notice of service of process by publication once a week for three successive weeks in a newspaper that is qualified for legal advertising in ance with G.S. 1- ...
A summons is issued to the defendant, but for one reason or another the defendant is not properly served within 60 days of the date of issuance of the summons. Remember that under Rule 4, if the summons is not served within 60 days, it becomes dormant.
- Any party personally, or through the persons provided in Rule 4(j), may accept service of process by notation of acceptance of service together with the signature of the party accepting service and the date thereof on an original or copy of a summons, and such acceptance shall have the same force and effect as would ...
If the summons is not served within 60 days of the date of issuance, the action may be continued in existence by securing an endorsement upon the original summons for an extension of time within which to complete service of process or by suing out an A&P summons within 90 days after the issuance of the last preceding ...
