Serving a lawsuit with UPS or FedEx?

by Inez de Ondarza Simmons on April 17, 2011

Problems Serving Defendants in Business Litigation or Real Estate Disputes?

People get emotional about lawsuits involving land and real property, like adverse possession or judicial partition or judicial sale actions. Frequently, they also get upset about lawsuits involving North Carolina business disputes, like breach of contract claims in NC.

Defendants Avoiding Service of Process?

Sometimes, defendants’ emotional reactions can make it difficult to serve someone with a lawsuit, especially if the defendant knows the lawsuit is coming.  A defendant may avoid service of process by the Sheriff and may refuse to accept your certified letter because they know it means bad news for them.  Unfortunately, this tactic can delay you and cost you or your clients money.

But people always like getting packages delivered

Serve lawsuit by UPS or FedEx, designated delivery service 26 U.S.C. § 7502(f)(2)

“Special Delivery!”

Fortunately, the North Carolina Rules of Civil Procedure now allow service by certain private delivery services.  Those rules have been amended to permit service of process on most defendants by certain private delivery services.  (Individuals under a disability and foreign states may not be served this way.)  But you must use only specific carriers and the specific delivery method that the U.S. Treasury Secretary has designated as acceptable.

In other words, not only to you have to use one of the right carriers, you have to select the right type of delivery service with that carrier.

How to get good service with a “Designated Delivery Service”

As all North Carolina business litigation attorneys know – and, for that matter, all North Carolina Trial Lawyers in general know – the statutes and rules regarding personal jurisdiction are strictly construed.

So, if you are a lawyer, you are probably here because you are trying to figure out how to serve a summons and complaint using a “designated delivery service.” You are probably asking yourself

Can I get good service of process with FedEx? Is FedEx Ground OK? What about FedEx International Priority? UPS 2nd Day Air?

You have to make sure you know the right answers, because otherwise you risk

  • not getting good service of process
  • potentially blowing the statute of limitations and
  • having your clients’ claims barred.

FREE Designated Delivery Service Outline

We work with co-counsel all the time. Sometimes, they are North Carolina transaction lawyers who associate us as North Carolina trial counsel. Other times, out-of-state attorneys hire us as North Carolina local counsel so that they can appear pro hac vice in North Carolina state court or as special appearance attorneys in the EDNC.

As a service to our existing and prospective co-counsel, we have written a outline that sets out

  • the relevant new rule of the North Carolina Rules of Civil Procedure
  • the federal statute the new rule incorporates by reference and
  • the federal bulletin that prescribes the current designated delivery services.

To get your FREE copy of our Designated Delivery Service Outline, just fill out the form below.

NOTE!
This outline is not legal advice. The North Carolina Rules of Procedure and the Federal Rules of Civil Procedure regarding service of process are complicated. Not applying them correctly can have devastating consequences, including having all your claims barred by a statute of limitation.

To ensure that your North Carolina litigation case is handled properly from the beginning, you should hire an experienced North Carolina business litigation attorney  or North Carolina real estate litigation attorney.

Get Your Copy Now

To get your copy of our free outline, “Using Designated Delivery Services to Serve Process in North Carolina”, just fill out the form below.

Request Your Designated Delivery Service Outline

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Do You Need to Get Someone Served Now?

You may have a business litigation case in North Carolina or a real estate litigation case in North Carolina with someone who may be hard to serve or who just doesn’t want to play by the rules. If so, you should schedule a Legal Strategy Session with Ms. de Ondarza Simmons. To do so now or to learn more about what your Legal Strategy Session will involve, you should click here.

Do You Need Raleigh Local Trial Counsel?

We represent individuals and businesses in North Carolina State Courts and in the EDNC and MDNC.  We also regularly work as North Carolina local trial counsel with

If you would like to discuss how Ms. de Ondarza Simmons can help you help your client, you should click here.

More Resources for Pro Hac Vice and Special Appearance Attorneys

Are you an out of state attorney looking for more resources? You can find our whole collection of public resources for attorneys who need to practice pro hac vice in North Carolina State Court or as special appearance attorney in the EDNC or the MDNC. To review those resources, you should click here.

 

Business Partner cheating me - breached contract - non-compete - fraud - bad faith - eminent domain - breached commercial lease - guarantee - guaranty - bank - investment - financial - class action

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