Legal Question in Civil Litigation in North Carolina
An out of state law firm is trying to serve civil suit papers on my son who does not live with us. Do we have any obligation to accept these papers or should I return them to the sender?
2 Answers from Attorneys
You are not under any obligation to help the plaintiff find your son so that service can be effectuated. Is the firm trying to serve via the sheriff, a process server or certified mail?
If by certified mail, you can write on the outside of the envelope something like "RETURN TO SENDER - ADDRESSEE DOES NOT LIVE HERE." If you have no idea as to your son's whereabouts, then you might add something like "ADDRESS UNKNOWN." If he lived with you in the past few years but then moved out, you could say something like "ADDRESSEE MOVED - NO FORWARDING ADDRESS." If by a process server or the sheriff, they would personally hand the papers to you or try to. When they did that, you would have to explain that your son does not live at your address and refuse to accept service. The law firm would then try and serve by regular mail - again. If you receive any papers that way, I would again write on the envelope "RETURN TO SENDER - ADDRESSEE DOES NOT LIVE HERE" etc.
In fact, if your son is not living with you, you should definitely not accept service.
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