Legal Question in Civil Litigation in North Carolina

Re: Civil Summons

We may need more facts to answer this question. Is the Summons arriving by Certified Mail, or by the Sheriff? Is it coming to a residence, or a business? Is it coming to the residence of the person named in the Summons? Is it a federal ors state action?

Without knowing the answer to these questions, it is difficult to say. I would venture to say, however, that I don't know if you technically have to "accept" the Summons. The more pressing issue to me is whether the person named in the Summons (presumaly the Defendant in a civil action) is properly served if the Sheriff delivers the papers to you. Under the rules of civil procedure, the Summons under some circumstances can be accepted or received by another person, but there are some technicalities here. The mere delivery to you, however, may be sufficient to properly serve the Defendant. In terms of whether you have to "accept" the summons, I'm not sure. If it's certified mail, I suppose you could simply not pick up the item or not sign for it. If it's service by the sheriff, then I suppose you could refuse to sign something, but the sheriff (or deputy) is likely to give it to you anyway (and are you really going to refuse it from a deputy) and he will enter a notation on the Summons that it was delivered to you. Good luck.