Options for serving a defendant who moved out of state before a small claims court date in NC.

Question

I have a court date in two weeks in small claims court in North Carolina. I just found out that the defendant has not been served because they moved to Connecticut before I filed the case. I am considering requesting a postponement, but I'm unsure if there is enough time to serve them by mail. I have confirmed their new address, but I don't have any direct way to contact them as they have blocked me. What are my options?

James L. Arrasmith · Answer

Since the defendant has moved out of state, North Carolina small claims rules still allow service, but it can take extra time. You can request that the court serve the defendant by certified mail or through the court clerk in the new state, but this often requires using the Uniform Interstate Depositions and Discovery Act (UIDDA) or other out-of-state service procedures. Mail service may be slower than in-state service, so acting quickly is essential. 
 
You should contact the court as soon as possible to explain the situation and request a continuance or postponement of your hearing. This will give you enough time to serve the defendant properly and avoid the case being dismissed for lack of service. Make sure to provide the court with the new address and any proof you have of their location. 
 
If you are unable to personally serve them, the court can guide you on filing the necessary paperwork for out-of-state service. Keep detailed records of all attempts to serve the defendant. Acting promptly and following the court’s instructions will help preserve your case and prevent delays from hurting your chances.

Q: Options for serving a defendant who moved out of state before a small claims court date in NC.